You can be guided by the right to improve housing conditions and in the provision of living space for disabled children, you can article 17 of the Federal Law No. For those who were registered after 01/01/2005, housing squares are issued in accordance with Article No. 57 of the Housing Code. Only those persons who are ill with a severe form of a chronic disease can get without a queue (Part 2 of Article No. 57 of the LCD). Living space for a child with a disability in the context of standards At the federal level, there is no specific value for the minimum size of housing that can be provided to a disabled person. This right is granted to local authorities. per quantity square meters influenced by various conditions. So, for example, in Moscow, 18 sq.m. minimum.

When additional living space is provided for disabled people

federal law dated 01.12.2014 N 419-FZ) (see the text in the previous edition) (as amended by the Federal Law of 29.12.2004 N 199-FZ) (see the text in the previous edition) Disabled people and families with disabled children who need in improving housing conditions, are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Provision of housing at the expense of the federal budget to disabled people and families with disabled children in need of better housing conditions, registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of this Federal Law.

How to get an apartment for a disabled child in 2018

• Persons who suffer from severe diseases of a chronic nature.
Content:

• Norms of living space per person
• What is the norm of living space per person?
• Housing registration.
• Housing certificates for military personnel
• Housing allowance calculator for military personnel for the 1st half of 2018
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Norms of living space per person Content of the article:

• Rules for the provision of residential premises
• Sanitary and social norms
• What is an accounting rate?
• Where will the size of the living area be taken into account?
• Who is eligible for additional meters?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Providing disabled people with living space

It is worth noting that the Ministry of Health of the Russian Federation has already approved a new list, within which the list of diseases required to receive benefits is being clarified. It will enter into legal force immediately after the cancellation of the previous document at the first request of the Russian Government.

As part of the program to improve living conditions, it is fully stipulated that persons with disabilities who permanently live in stationary medical institutions are subject to registration for improvement of conditions, regardless of the size of the area. They are provided on a par with other categories of disabled people.

Sample application for registration regarding the improvement of living conditions and the right to additional living space Provision rules Provision of persons with disabilities with residential property is carried out on the basis of the standards prescribed in Article 17 of the LC RF.

Housing registration.

Important

Determining the procedure for providing residential premises (under a social tenancy agreement or in ownership) to citizens in need of improved housing conditions, registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation. Living quarters are provided to the disabled, families with disabled children, taking into account the state of health and other circumstances worthy of attention.

Disabled persons may be provided with housing under a social tenancy agreement with a total area exceeding the provision rate per person (but not more than twice), provided that they suffer from severe forms chronic diseases provided by the list established by the federal executive body authorized by the Government of the Russian Federation. (in ed.

Article 17. Provision of disabled people with housing

Additional square meters are allocated in the format of a separate room and only on the basis of the presence of a list of diseases approved in special Decrees of the Government of the Russian Federation. Citizens who fall under the category of those in need can receive additional living space for a comfortable stay in the amount of 15 square meters.

Attention

Programs and Compensations At the regional level, in some cases, additional grounds for recognizing persons with disabilities as in need of residential property may be provided. For example, citizens who have the first or second disability group, who have been permanently registered in the city of Moscow for at least 40 years, can fall under the category in need, regardless of a certain setting standard.

Additional living space

Who has the right and according to what norm In 2018, the norm for the provision of housing under social agreements is the minimum number of square meters, depending on which the total size of housing provided under the relevant agreements is determined. The norms under consideration are always determined by the competent representatives of the municipal authorities, taking into account many factors.
The minimum size of the living space can be considered the accounting norm of a dwelling. Its size cannot be higher than the provision rate determined at the local level. Such criteria apply only to the registration of citizens of the Russian Federation as a needy category. It is worth noting that municipalities have a fairly wide range of powers within the framework of determining accounting standards, which provides for a certain responsibility for decisions taken and rulings.

Providing living space for the disabled in 2018

When providing residential property to families that include children with disabilities, without fail a certain condition is observed that such persons do not have separate apartments that belong to them on the basis of property rights. As for the additional rules on the provision, they are fully determined on the basis of the Federal Law on the Protection of Persons with Disabilities in the Russian Federation.

Disabled people can expect to receive apartments under standard social agreements with a total area exceeding the norm determined for one particular person, but no more than twice. This is only possible if the citizen suffers serious illness.

An up-to-date list of such diseases is given in the special Decree of the Government of the Russian Federation No. 817 of December 21, 2004.
Families raising children who are officially recognized as disabled on the basis of medical reports can count on improving their living conditions. You can be guided in the right to improve housing conditions and in the provision of living space for disabled children, you can article 17 of the Federal Law No. 181 of November 24, 1995. In this case, registration is required. Russian legislation provides that the acquisition of a priority right to housing for children with disabilities is available to those citizens who registered as such before January 1, 2005. Important! People who applied for benefits before the specified period can count on receiving funds from the funds formed for this purpose, as well as housing.
Many are interested in the question of how to get an apartment for a disabled child after January 1, 2005.

• T90.9 Sequelae unspecified injury heads
• T91.1 Sequelae of fracture of spine
• T91.3 Sequelae of spinal cord injury
• Z99.3 Dependence on wheelchair
• Z99.8 Dependence on other auxiliary machinery and devices

List of severe forms of chronic diseases in which it is impossible for citizens to live together in one apartment contracts of social employment; while housing must be provided out of turn; the area of ​​​​the premises may exceed the provision rate per person, but not more than twice (Articles 51, 57, 58 of the Housing Code of the Russian Federation).

Provision of living space for the disabled, benefits for paying for housing

What is the procedure for providing disabled people with living space?

Disabled people and families with disabled children who need to improve their living conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

In what cases are persons with disabilities recognized as in need of better housing conditions?

The grounds for recognizing disabled people and families with disabled children in need of better housing conditions for registration are:

the provision of housing for each family member is below the level established by the executive authorities of the constituent entities of the Russian Federation;

living in a dwelling (house) that does not meet the established sanitary and technical requirements;

living in apartments occupied by several families, if the family includes patients suffering from severe forms of certain chronic diseases, in which cohabitation with them (according to the conclusion of state or municipal medical and preventive health care institutions) in one apartment is impossible;

accommodation in adjacent non-isolated rooms for two or more families in the absence of family relations;

residence in hostels, with the exception of seasonal and temporary workers, persons working under a fixed-term employment contract, as well as citizens who settled in connection with training;

residence for a long time on a sublease basis in the houses of the state, municipal and public housing stock, or hiring in the houses of housing construction cooperatives, or in residential premises owned by citizens on the right of ownership who do not have other living space.

Disabled people and families with disabled children , may be recognized as in need of better housing conditions and on other grounds established by laws and other regulatory legal acts of the constituent entities of the Russian Federation.

How are persons with disabilities who need better living conditions registered?

When registering to improve the living conditions of persons with disabilities, their right to additional living space.

Accounting for those in need improving the living conditions of the disabled and families with disabled children is carried out:

at the place of residence - by a specially authorized body of local self-government or a specially appointed official;

at the place of work - at enterprises, institutions and other organizations that have housing stock on the right of economic management or operational management.

Disabled people and families with disabled children may be registered for improvement of living conditions simultaneously at the place of work and at the place of residence.

What documents should be submitted for registration of disabled people in need of better housing conditions and families with disabled children?

For registration of those in need of improvement of living conditions for persons with disabilities and families with children with disabilities, an application is submitted, to which are attached:

extract from the house book;

a copy of the financial personal account;

a copy of the certificate confirming the fact of the establishment of disability, and a copy of the individual rehabilitation program for the disabled person;

other documents, taking into account specific circumstances (certificates from the bureau of technical inventory, health care institutions, etc.).

In what cases do people with disabilities have the right to count on the provision of additional living space in the form of a separate room?

Living quarters for the disabled and families with disabled children are provided for each family member within the limits established by the state authorities of the constituent entities of the Russian Federation.

Additional living space in the form of a separate room is provided to the disabled in accordance with list of diseases approved by the Government of the Russian Federation. These diseases include:

active forms of tuberculosis of all organs and systems;

mental illness requiring mandatory dispensary observation;

tracheostomy, fecal, urinary and vaginal fistulas, lifelong nephrostomy, stoma Bladder, non-surgical urinary incontinence, unnatural anus,

malformations of the face and skull with impaired breathing, chewing, swallowing;

multiple skin lesions with profuse discharge,

• HIV infection in children;

  absence lower extremities or diseases of the musculoskeletal system, including hereditary genesis, with persistent dysfunction of the lower extremities, requiring the use of wheelchairs;

  organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) with impaired function pelvic organs;

  condition after transplantation of internal organs and bone marrow;

  severe organic kidney damage, complicated by II-III degree renal failure.

What are the features in providing disabled people with living space?

1. When providing housing to disabled people and families with disabled children, the recommendations of the individual rehabilitation program for the disabled person, his state of health, as well as other circumstances (proximity to a medical institution, place of residence of relatives, friends, etc.) are taken into account.

2. Residential premises occupied by disabled persons shall be equipped with special means and devices in accordance with individual program rehabilitation of the disabled.

3. For disabled people and families with disabled children, the living quarters occupied by them can be replaced with other equivalent living quarters in accordance with the individual program for the rehabilitation of a disabled person (relocation from the upper floors of houses to the lower ones, approaching the place of residence of relatives, friends, etc. .).

4. Disabled persons living in stationary social service institutions and wishing to receive housing under a social tenancy agreement are subject to registration for improving housing conditions, regardless of the size of the occupied area and are provided with housing on an equal basis with other disabled people.

5. Additional living space occupied by a disabled person, including in the form of a separate room, is not considered excessive and is subject to payment in a single amount, taking into account the benefits provided.

6. Disabled children living in stationary social service institutions, who are orphans or left without parental care, upon reaching the age of 18, are subject to provision of residential premises out of turn by local governments at the location of these institutions or at the place of their former residence at their choice, if the individual program for the rehabilitation of a disabled person provides for the possibility of self-service and an independent lifestyle.

7. Living quarters in the houses of the state or municipal housing stock, occupied by a disabled person under a social contract of employment, when the disabled person is placed in a stationary social service institution, shall be retained by him for six months.

8. Specially equipped living quarters in the houses of the state or municipal housing stock, occupied by disabled people under a social contract of employment, upon their release, are populated, first of all, by other disabled people who need to improve their living conditions.

What benefits do people with disabilities have in paying for housing and utilities?

The first housing allowance and utilities

The payment for a dwelling (payment for social rent, as well as for the maintenance and repair of a dwelling) provided to a disabled person under a social tenancy agreement in excess of the norm for providing the area of ​​the dwelling, is determined based on the occupied total area of ​​the dwelling in a single amount, taking into account other provided housing benefits

The authorities of the constituent entities of the Russian Federation or local governments have the right to increase the amount of the discount on housing payments.

The second benefit for payment of housing and utilities

Disabled people and families with disabled children are provided with a discount of at least 50% on payment for housing (in houses of state or municipal housing stock) and utility bills (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating, - on the cost of fuel purchased within the limits established for sale to the population

Additional benefits for disabled people and families with disabled children may be established by the executive authorities of the constituent entities of the Russian Federation and local governments at their own expense.

How can I get housing and utility bills?

In order to receive benefits for paying for housing, utilities and purchased fuel, disabled people and families with disabled children apply to organizations that collect payments for housing, utilities and purchased fuel (housing repair and maintenance enterprises, utilities, etc. .).

The basis for granting benefits for paying for housing, utilities and purchased fuel is a certificate confirming the fact of disability, issued by institutions public service medical and social expertise.

Are there benefits for the disabled for the provision of land?

Disabled people and families with disabled people provided as a matter of priority land plots :

for individual housing construction;

for housekeeping and dacha farming and gardening.

The basis for the provision of land plots is a corresponding application and a copy of the certificate attached to it. A certificate issued by an institution of medical and social expertise, confirms the fact of the establishment of disability. These documents are submitted in the prescribed manner to local governments.

Providing living space for the disabled and families with disabled children, at the expense of the federal budget, in need of better housing conditions and registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of the Federal Law of November 24, 1995 N 181-FZ "On the Social Protection of Disabled Persons in the Russian Federation" , and registered after January 1, 2005 - in accordance with the housing legislation of the Russian Federation.

Determining the procedure for providing residential premises (under a social tenancy agreement or in ownership) to disabled people and families with disabled children who need to improve their living conditions and registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation, taking into account the state of health and other deserving attention circumstances.

Disabled persons may be provided with housing under a social tenancy agreement with a total area exceeding the provision rate for 1 person (but not more than 2 times), provided that they suffer from severe forms of chronic diseases provided for in the list established by the federal executive body authorized by the Government of the Russian Federation. authorities.

Residential premises occupied by disabled people are equipped with special facilities and devices in accordance with the individual program for the rehabilitation of a disabled person.

Disabled persons living in stationary social service institutions and wishing to receive housing under a social tenancy agreement are subject to registration for improving their living conditions, regardless of the size of the occupied area and are provided with housing on an equal basis with other disabled people.

Disabled children living in stationary social service institutions, who are orphans or left without parental care, upon reaching the age of 18, are subject to provision with living quarters out of turn, if the individual rehabilitation program for a disabled person provides for the possibility of self-service and leading an independent lifestyle.

The residential premises of the state or municipal housing stock, occupied by a disabled person under a social contract of employment, when the disabled person is placed in a stationary social service institution, is retained by him for 6 months.

Specially equipped living quarters of the state or municipal housing stock, occupied by disabled people under a social contract of employment, upon their release, are populated first of all by other disabled people who need to improve their living conditions.

In accordance with Article 28.2 of the Federal Law of November 24, 1995 N 181-FZ "On social protection Disabled Persons in the Russian Federation" the federal authorities transfer to the state authorities of the constituent entities of the Russian Federation the authority to provide housing for disabled people and families with disabled children who need to improve their living conditions, registered before January 1, 2005 in the form of subventions.

The amount of funds provided for in Federal Fund compensation to the budgets of constituent entities of the Russian Federation for these purposes, is determined based on the number of persons entitled to these measures of social support, the total area of ​​​​housing 18 m 2 and the average market value of 1 m 2 of the total area of ​​​​housing in the subject of the Russian Federation, established by the federal executive body authorized by the Government RF.

The form of providing these measures of social support is determined by the regulatory legal acts of the constituent entity of the Russian Federation.

Legal basis for social assistance to the disabled

Persons with disabilities who need to improve their living conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

The grounds for recognizing disabled people in need of better housing conditions for registration are:

• the provision of housing for each family member is below the level established by the executive authorities of the constituent entities of the Russian Federation (at the federal level, the norm is 18 sq. m. per person, but in the regions it may be higher);
• living in a dwelling (house) that does not meet the established sanitary and technical requirements;
• living in apartments occupied by several families, if the family includes patients suffering from severe forms of certain chronic diseases, in which cohabitation with them (according to the conclusion of state or municipal medical and preventive health care institutions) in one apartment is impossible;
• accommodation in adjacent non-isolated rooms for two or more families in the absence of family relations;
• residence in hostels, with the exception of seasonal and temporary workers, persons working under a fixed-term employment contract, as well as citizens who settled in connection with training;
• residence for a long time on a sublease basis in the houses of the state, municipal and public housing stock, or hiring in the houses of housing construction cooperatives, or in residential premises owned by citizens on the right of ownership who do not have other living space.

Accounting for those in need of improved housing conditions is carried out:

1. at the place of residence - by a specially authorized body of local self-government or a specially appointed official;

2. at the place of work - at enterprises, institutions and other organizations that have housing stock on the right of economic management or operational management.

Persons with disabilities may be registered to improve their living conditions at the same time at the place of work and at the place of residence.

To register those in need of better living conditions, you must:

1. statement,

2. extract from the house book;

3. a copy of the financial personal account;

4. a copy of the certificate confirming the fact of the establishment of disability, and a copy of the individual program for the rehabilitation of the disabled person;

5. other documents, taking into account specific circumstances (certificates from the Bureau of Technical Inventory, health care institutions, etc.).

Living quarters for the disabled are provided for each family member within the limits established by the state authorities of the constituent entities of the Russian Federation.

When providing housing to disabled people, the recommendations of the individual rehabilitation program for the disabled person, his state of health, as well as other circumstances (proximity to a medical institution, place of residence of relatives, friends, etc.) are taken into account.

The living quarters occupied by the disabled may be replaced by other equivalent living quarters in accordance with the individual program for the rehabilitation of the disabled person (relocation from the upper floors of houses to the lower ones, approaching the place of residence of relatives, friends, etc.).

Disabled persons may be provided with housing under a social tenancy agreement with a total area exceeding the provision rate per person (but not more than twice), provided that they suffer from severe forms of chronic diseases, provided for by the list established by the Government of the Russian Federation.

In addition, there is a List of diseases that give people suffering from them the right to use an additional room or additional living space, approved by the Circular of the NKVD of the RSFSR dated 13.01. 1928 N 27 and the People's Commissariat of Health of the RSFSR of 19.01. 1928 N 15:

A. Diseases that give the right to persons suffering from them to use an additional (separate) room:

I. Diseases that threaten to infect others:

1. Active forms of tuberculosis of the lungs and other organs with the release of tubercle bacillus, established by repeated laboratory control;

2. Leprosy.

II. Diseases in which cohabitation with those suffering from them is impossible for others:

1. Mental illness;

2. Severe forms of psychoneuroses: epilepsy, traumatic psychoneurosis, psychasthenia and hysteria, accompanied by loss of consciousness and severe seizures.

III. Illnesses that cannot be cured, in which, due to the untidiness they cause, it is impossible to live together with those suffering from them:

1. Fecal and urinary fistulas, as well as urinary and fecal incontinence;

2. Malignant tumors accompanied by copious secretions;

3. Multiple skin lesions with copious discharge;

4. Gangrene and lung abscess;

5. Gangrene of the extremities.

B. Diseases that give the right to persons suffering from them to use additional living space:

1. Tuberculosis of the lungs and other organs in an active form;

2. Severe respiratory distress due to emphysema and asthma;

3. Chronic severe organic disorders cardiac activity (endocarditis, myocarditis, angina pectoris, etc.).

Disabled people are provided with a discount of at least 50% of the payment for housing in the houses of the state, municipal and public housing stock, payment for utilities (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating - the cost of fuel purchased within the limits established for sale to the public. Additional living space occupied by a disabled person, including in the form of a separate room, is not considered excessive and is subject to payment in a single amount, taking into account the benefits provided.

In order to receive benefits for paying for housing, utilities and purchased fuel, disabled people apply to organizations that collect payments for housing, utilities and purchased fuel.

The basis for granting benefits for paying for housing, utilities and purchased fuel is a certificate confirming the fact of a disability, issued by the bodies of the medical and social examination service.

Disabled people and families with disabled people are provided, as a matter of priority, with land plots for individual housing construction, maintenance of subsidiary and summer cottages and gardening on the basis of an application and a copy of a certificate attached to it confirming the fact of establishing a disability, issued by a body of the medical and social examination service submitted in the prescribed manner to local governments.