Answers to questions on the application of the Federal Law
dated December 28, 2013 "On the basics social services
citizens in Russian Federation»
The following abbreviations are used throughout the letter:
Federal Law - Federal Law of December 28, 2013 "On the Fundamentals of Social Services for Citizens in the Russian Federation";
Decree No. 000/51 - Decree of the Government of the Moscow Region / 51 "On approval of the procedures for the provision of social services by social service providers in the Moscow Region and the invalidation of certain decrees of the Government of the Moscow Region in the field of social services for the population";
TSP is a territorial structural subdivision of the Ministry of Social Protection of the Population of the Moscow Region;
IPPSU - individual program for the provision of social services;
Law No. 000/2014-OZ - Law of the Moscow Region dated January 1, 2001 No. 000/2014-OZ “On Certain Issues of Organizing Social Services in the Moscow Region”;
Decree No. 000 - Decree of the Government of the Russian Federation "On approval of the rules for determining the average per capita income for the provision of social services free of charge."
Examination of living conditions of citizens
Is it possible to attract specialists from subordinate institutions to jointly conduct surveys of the living conditions of a citizen, that is, the act will contain the signature of one management specialist and one specialist from a subordinate institution.
The procedures for the provision of social services by social service providers in the Moscow Region, approved by Decree No. 000/51, provide for an assessment of the living conditions of a citizen by a territorial structural unit of the Ministry. The involvement of employees of institutions subordinate to the Ministry is not expected to conduct surveys. Therefore, the act based on the results of the survey should be signed only by employees of the merchant.
Who signs the act on the provision of urgent social services? How many signatures of specialists should be in the act for the provision of urgent services? What should be the form of a power of attorney for a specialist to draw up acts for the provision of urgent services?
The forms of individual documents, including the act on the provision of urgent social services, are approved by the order of the Ministry social protection population of the Moscow region dated December 30, 2014 No. 18РВ-121.
The act is signed by the recipient of social services and the provider of social services. The decision to sign the act on behalf of the supplier, if the head of the institution does not sign the act, is taken by the head of the institution based on the distribution of responsibilities in the institution on the basis of local act(or regulations on the department of the institution, etc.).
Provision of urgent social services
To provide urgent assistance, there is no possibility of receiving information (including oral information). Is it possible to make a decision on the commission to provide an urgent service to a citizen: assistance in collecting and processing documents for receiving social services at home, in a semi-stationary form or in a stationary form?
Article 21 of the Federal Law defines a list of urgent social services, as well as the terms, conditions and grounds for their provision: in order to provide emergency care, without drawing up an IPSP, without concluding an agreement on the provision of social services, on the basis of an application from a citizen or other persons and organizations acting in the interests of a citizen.
Law No. 000/2014-OZ establishes the List of Social Services Provided by Social Service Providers in the Moscow Region, which includes, among urgent social services, the service “assistance in the collection and execution of documents for receiving social services at home, in a semi-stationary form or in a stationary form”.
The procedure for the provision of social services in the form of social services at home by social service providers in the Moscow Region (clause 11), approved by Decree No. persons without a fixed place of residence) and the circumstances specified in Article 15 of the Federal Law or Article 7 of Law No. 000/2014-OZ, on the day of receipt from citizens of an application or information from organizations or persons acting in the interests of citizens about the need to provide them with urgent social services.
Thus, the current regulatory legal acts provide for the possibility of collecting the information necessary for a potential recipient of urgent social services when examining the conditions of his life, holding a meeting of the territorial commission and making a decision on the provision of social services to a citizen based on his need for certain social services.
Who should provide the urgent service "Assistance in the collection and execution of documents for receiving social services at home", and how it should be paid by the recipient, if the service agreement has not yet been concluded with him and the conditions for the provision of services (partial, full payment or free of charge) have not been established )?
The provision of urgent social services does not imply that they are free of charge, nor does it exclude the need to conduct surveys of the living conditions of a citizen and make an appropriate decision by the territorial commission for recognizing citizens in need of social services.
The recipient will be able to pay for the services provided, if the citizen does not have the right to receive it free of charge, upon signing the act on the provision of urgent social services.
Can a social pedagogue provide urgent services (there is no pedagogical consultation in the list of urgent social services)?
The list of urgent social services is established by Article 21 of the Federal Law and supplemented by Law No. 000/2014-OZ with the service "assistance in the collection and execution of documents for receiving social services at home, in a semi-stationary form or in a stationary form." There is no such service as “pedagogical counseling” among urgent social services.
The issue of a specialist providing urgent social services is decided by the head of the institution based on the distribution of responsibilities between the employees of the institution and functional responsibilities each specialist, reflected in job descriptions, regulations on departments of the institution, etc.
In the Federal Law (Article 21), in the list of urgent social services, clause 6, other urgent social services are indicated, other services are not specified in the Standards. Is it possible to provide other services than those specified in the Standards? If possible, which ones?
An exhaustive list of urgent social services is established by Law No. 000/2014-OZ and compared to federal law supplemented by the service "assistance in the collection and execution of documents for receiving social services at home, in a semi-stationary form or in a stationary form."
Determination of the average per capita income of a citizen
In accordance with the Rules approved by Decree of the Government of the Russian Federation dated 01.01.2001 No. 000, pensions, allowances, scholarships and other similar payments received by a citizen in accordance with the legislation of the Russian Federation are taken into account in the income of the recipient of social services. Should labor veterans, home front workers, rehabilitated persons, compensation for housing and utilities, housing subsidies, i.e., payments provided for by the laws of the Moscow region?
What kind monetary compensation are the income of a citizen? We have received clarifications that pensions and unified income are considered, compensation for housing and communal services - we are waiting for clarifications from the Ministry of Labor of Russia. Should the cash equivalent of a social card be taken into account?
See the answer to question No. 20 of the letter of the Ministry of Social Protection of the Moscow Region, sent to the TSP via the interdepartmental electronic document management system on February 24, 2015, No. 18TSP-out-1137.
In addition to the previously sent clarifications, we inform you that, in our opinion, compensation payments should not be taken into account as part of the total income of the recipient of social services, based on the meaning of their legal nature (they are reimbursement of expenses incurred by the citizen), unless such compensations are related to those specified in subparagraph " m ”clause 5 of the Rules for determining the average per capita income for the provision of social services free of charge, approved by a decree of the Government of the Russian Federation.
Subsidies provided to citizens can be taken into account, since they do not apply to compensation payments.
As for the cash equivalent of a social card, the mentioned Decree of the Government of the Russian Federation does not provide for the accounting of cash equivalents of any social support measures in the total amount of income of a recipient of social services.
When calculating the income of a citizen, whether to take into account the cost of the social package (previously valid regulations allowed not to do this)?
A set of social services (NSU) or the so-called "social package" is provided to citizens from among the federal preferential categories in accordance with the Federal Law "On State Social Assistance" at the expense of a part of the monthly cash payment (UDV). In this regard, the cost of NSI is not taken into account separately when determining the income of a citizen.
Information about the size of the pension and the UDV is received by the Department of Social Protection of the Population within the framework of an agreement on information interaction with the bodies of the pension fund. Is a certificate of income of a citizen, taking into account this information, issued by the department of social protection of the population, a document confirming the income of a citizen?
The current legislation does not establish any restrictions for the provision of social services at home, as provided for the stationary form of social services.. However, medical institution(polyclinic, hospital) must have information about the diseases of a citizen that prevent him from contacting other people.
Should additional services developed by the institution be subject to VAT?
In accordance with subparagraph 14.1 of paragraph 2 of Article 149 of the Tax Code of the Russian Federation, the sale (as well as the transfer, performance, provision for own needs) of social services for minor children is not subject to taxation (is exempt from taxation); support and social services for elderly citizens, disabled people, street children and other citizens who are recognized as in need of social services and who are provided with social services in social service organizations in accordance with the legislation of the Russian Federation on social services and (or) the legislation of the Russian Federation on prevention of neglect and juvenile delinquency.
The pensioner submitted an application for the provision of services to the SOC, the application was considered, an IP was drawn up for the period of arrival, the woman arrived at the Center, stayed for several days, wrote a refusal of services for health reasons and returned home. Now, in a month, she wants to go to another SOC. What are our actions? We develop new program? Do we mark the refusal of services in the old one?
Yes, this option is possible.
Can internally displaced persons from Ukraine be recipients of urgent social services provided by OSSO. Is it possible to equate them to persons who suffered as a result of armed interethnic conflicts (Article 31, paragraph 2 of Federal Law-442).
If the citizens who arrived from Ukraine can confirm with documents that they are foreign citizens, as well as the fact of permanent residence in the territory of the Moscow Region (see the answer to question 14 in the letter of the Ministry dated 01.01.01 No. 18TSP-out-1137), then they may be provided with social services if they are recognized as needing social services on the basis of Article 15 of the Federal Law or Article 7 of Law No. 000/2014-OZ. There are no legal grounds for classifying them as victims of emergency situations or armed (international (interethnic) conflicts), since this condition can only apply to situations that occurred on the territory of the Russian Federation, taking into account the jurisdiction of the Federal Law.
Questions and answers on the Federal Law of December 28, 2013 N 442-FZ "On the basics of social services for citizens in the Russian Federation".
QUESTION: The new law declares the principle of individual needs: the social protection authority, together with a person in need of social services, will develop an individual program in which an algorithm and a route for providing assistance will be prescribed. How will this work in practice?
ANSWER: Each person needs to choose their own approach. One needs home care, another needs psychological help, and so on. Therefore, the law has a clear focus on the individual needs of a person. This means that all parameters will be taken into account: for example, the ability to serve oneself due to age or illness, the need for outside care. And already on the basis of this, an individual program will be formed, in which all social services that a particular person needs are prescribed.
QUESTION: The law indicates that in addition to home work (purchasing food, medicine, cleaning the apartment, preparing meals), services will be provided that have never been part of the social service system. What are these services?
ANSWER: We are talking about social support, a new term in the law. It means assistance in obtaining assistance, which, in fact, does not apply to social services. This applies to situations where medical, psychological, pedagogical, legal and social assistance intersect. This includes such a mechanism as interdepartmental interaction of various organizations.
For example: a mother with a disabled child. Often a situation arises when a child needs to be referred for treatment in another city. In this case, the social protection authorities, within the framework of interdepartmental interaction, contact the health authorities in order to issue the appropriate referral, with pension fund, the social insurance fund to study the issue of the possibility of referral for treatment as part of a set of social services, or are considering other possibilities of providing assistance in arranging travel.
QUESTION: Under the new law home service will also apply to families with children. What will determine the amount of this assistance and what it will consist of: on the number of children, on whether parents work or not, on family income, on something else?
ANSWER: By law, all minor children are entitled to receive social services free of charge. Their volume will depend on individual needs. First of all, the provision of social services will be organized for families with disabled children. Now various forms of supervision are actively developing so that parents can work, satisfy their needs, and not be constantly with the child.
QUESTION: What criteria will be used to decide the issue of payment for services? Will it not turn out that, in general, social services will be transferred to a paid basis?
ANSWER A: All minor children will receive this assistance free of charge. Plus those who suffered as a result of emergencies, armed conflicts. For other citizens, the main criterion for receiving free social assistance will be the average per capita cash income. It should not exceed one and a half living wages. Thus, we have increased the number of citizens receiving services, because now there is a norm of one subsistence minimum. Also at the regional level, a decision can be made to expand the categories of free recipients. These can be war veterans, honored figures or honorary citizens. If they previously received services for free, then new law will not worsen their situation: all previous guarantees will be preserved.
QUESTION: Will they help those in need who, although they have relatives, do not care about them? Or in the case when relatives, helping a bedridden patient, are forced to leave work or receive very little, as a result of which the family drags out a miserable existence? Or will help come only to lonely people?
ANSWER: Yes, such families will be assisted if the need for social assistance is determined. It depends on each individual situation. If now the necessary services are determined by the social security authorities, mainly on the basis of old age and living alone, then the new law contains an expanded list of criteria. This is the inability to independently provide for their needs, the lack of a fixed place of residence, disability, and so on. The law establishes the possibility of providing the necessary assistance to bedridden patients - both living alone and living in families. Free or paid services will be determined for the recipient on the basis of his average per capita income, as I mentioned above.
QUESTION: The law specifies new principles of social services: "preservation of a citizen's stay in a familiar, favorable social environment." What does this mean?
ANSWER: When this principle was introduced into the law, they proceeded from the logic that sending a person in need of help to a hospital should be the most extreme measure. It is important to preserve the familiar living environment and environment for him, and not isolate him from the familiar environment: relatives, friends, associates, neighbors. This point will be taken into account by the social security authorities when drawing up an individual assistance program.
QUESTION: Is it true that, under the new law, any citizen old man or a graduate of a correctional orphanage will be able to choose who will provide him with social services: that is, for example, to decide which of the nursing homes, homes for the disabled to go to live, and funding will go “for the person”?
ANSWER: Yes that's right. First, a register of providers will be formed in each region, from which citizens will be able to choose a service provider on their own. You can enter the register as state organization and non-state. Inclusion in the register enables the commercial sector to receive compensation from the state for the provision of social services.
It is possible to draw an analogy with schools, where the principle is now in effect: where the child went to study, the funds from the budget are sent there. The same is expected in social services. In addition, a register of service recipients will be created, this is a kind of personalized record. Now the statistics, of course, are kept, but they are of a general nature. Using the register, it will be possible to see how many recipients and what services they receive.
QUESTION: The Law specifies the need to provide assistance in the absence of a specific place of residence, including for a person who has not reached the age of 23 and has completed his stay in an organization for orphans and children left without parental care; lack of work and livelihood. How will assistance be provided to such categories of citizens? How will the social security authorities help in such cases?
ANSWER: Social services are provided on an application basis. If a person needs help, he turns to the social security authorities. If he does not have the opportunity to do this himself, then this right can be delegated to his legal representative, authority or public organization. And according to the procedure, everything is exactly the same: the need for social services is established, an individual program is drawn up, and an agreement is concluded with the provider for the provision of social services. Another thing is when you need to provide emergency assistance. For example, provide food or clothing, assist in providing housing. Then the person is provided with urgent social services that do not require the passage of the entire procedure.
QUESTION: The law provides for assistance not only to needy families or families with disabilities, but also in such cases as “the presence of an intra-family conflict, including with people with drug or alcohol addiction, people who are addicted to gambling, people suffering from mental disorders” in case of domestic violence. How will help be provided in such situations, and what kind?
ANSWER: Social assistance to such families will be provided in without fail. For this, social rehabilitation centers and shelters for minors, crisis centers for women, and centers for psychological and pedagogical assistance to the population operate in the country. They employ psychologists who will help the family cope with difficulties. These institutions can provide, if necessary, social support.
QUESTION: The wording “difficult life situation” was removed from the law, but circumstances were established under which citizens are recognized as needing social services. What is the difference here? Will it not turn out that it will be difficult for citizens to prove the need for assistance? And what will be recognized in such circumstances?
ANSWER: in no case is it the task to reduce the contingent of recipients of social services or refuse to help someone. The fact is that the term "difficult life situation" is rather vague, it can be interpreted in different ways. Therefore, it was decided to use more specific wording.
This, for example, the presence in the family of a disabled person, including a disabled child, the inability to carry out self-service, the inability to provide care for a disabled person, a child, children. The region has the right to expand this list and take a balanced approach to determining a person's need for social services.
QUESTION: An important aspect of the law is the new norms that allow the provision of social services to citizens by private organizations. How will it help develop social entrepreneurship, to help him in his development, will such businessmen receive any benefits or assistance from the state?
ANSWER: The development of public-private partnership is one of the key features of the law. This enables the recipient of the services to select the desired provider from the registry.
QUESTION: Given the many innovations, social workers will have to undergo retraining. How and where will they improve their skills? And what forces can generally ensure the implementation of the programs of the law? Will the current social service institutions be sufficient, or will new structures emerge?
ANSWER: The adoption of the law will not require recruitment. Therefore, the emphasis here is on training specialists in the norms of the new law, especially the technology of social support. Currently, in the regions, the provisions of the new law are being widely discussed with the heads and specialists of social service institutions, explanatory work is being carried out among the population. In order to improve the skills of specialists, seminars and round tables are held. Connect and professional associations, for example, the Union of social educators and social workers. Thanks to joint efforts, the new rules will be successfully implemented in the field of social services and the quality of social services will improve.
Expert center of the electronic state together with the Ministry of Social Policy Sverdlovsk region held the fifth webinar in a series of events on the implementation of the provisions of Law No. 442-FZ “On the Fundamentals of Social Services for Citizens in the Russian Federation”.
Ilya Illarionov, Head of the Department of Technologies of Social Services for Citizens of the Ministry of Social Policy of the Sverdlovsk Region, made a report on "Organization of the provision of urgent services and prevention of circumstances that cause the need for social services."
The report covered the following topics:
- How to organize the provision of emergency social assistance on a regional scale, ensuring the administrative and physical accessibility of urgent social services.
- How to provide legal and resource support for measures to prevent circumstances that cause the need for social services, including approaches to the formation of basic (industry) and departmental lists public services(works).
The work of the used IT solutions that provide prevention processes in the field of social services was also demonstrated.
Answers to questions received during the fifth webinar on 442-FZ "Organization of the provision of urgent services and prevention of circumstances that cause the need for social services."
What urgent services and to what extent are provided to foster parents and candidates for foster parents.
Good question. I will talk about it in the report.
Urgent services are in the nature of emergency care in situations of acute distress, while services related to “patronage support” of adoptive parents and candidates for substitute parents in general, as a rule, are not associated with the need for social services and it is more correct to consider them as preventive measures.
How to provide emergency services to families of SSNs and at-risk groups?
In accordance with Art. 21 442-FZ.
Which organization provides confirmation of the absence of a certain place of residence of a person who applied for the services of an urgent social service department?
This issue is regulated at the level of NLA of the region. In the case of the Sverdlovsk region, the absence of a place of residence is confirmed either by a certificate from the Ministry of Emergency Situations about the loss (damage) of the living quarters during a fire, or by an act of examining social conditions, compiled by a social service institution, or by the social policy department (territorial executive agency authorities in the field of social protection of the population).
Is consulting with an urgent care specialist a service or a job?
Social service.
Are there urgent services in the Sverdlovsk rehabilitation centers for children and adolescents with disabilities (RCDPOV) and which ones? Telephone counseling of clients is included in the urgent service of RCDPOV and in what cases? Is there an urgent service "Primary social diagnostic services" in RCDPOV with the preparation of draft documents?
Yes, such services are included in urgent services and are contained in the standards of social services. You can familiarize yourself with the list of urgent social services in the order of the Ministry of Social Policy of the Sverdlovsk Region dated December 31, 2014 No. 790, clause 8.11. Name of the social service: assistance in obtaining emergency psychological assistance with the involvement of psychologists and clergy in this work, including the provision of psychological assistance anonymously using a helpline; clause 8.2. name of the social service: conducting a survey and primary social diagnostics of citizens to assess their real situation.
Will the list of services be extended?
The list of services is established by the law of the subject on the basis of an exemplary federal one. In order to increase / expand the list of social services, it is necessary to justify the social significance of the decision, as well as economic basis(budgetary financial component) for the implementation of all this. Here the question is not entirely clear - in connection with what circumstances / needs it is necessary to increase?
For example, a specialist conducted a series of classes at school on the topic "Prevention of drug addiction" how to record all this according to 442? If I understand correctly, no way. This is not an urgent service.
This is a group event aimed at preventing the circumstances that cause the need for social services, since at the time of the lesson the recipient does not need social services, he is not “in trouble”. It would not be entirely correct to attribute this to social services. Take it as a preventive measure.
Do I need SNILS to provide urgent services? Or is a statement and an act enough?
To provide urgent services, you need: 1) a statement from the citizen himself, or 2) information from organizations that are not part of the social services system about citizens in need of social services.
If they are delivered to the SRTSN or shelter according to the act of the ODN inspector, is the application filled out or not?
According to the act of the inspector, ODN is according to 120-FZ, see articles 12 and 13. You accept a minor, regardless of whether there is an application from a legal representative.
Here it is possible to provide temporary shelter as part of the provision of urgent social services (according to 442-FZ and your regional standards of social services) - without documents, later, if the situation of acute family distress has not been resolved, a statement from a legal representative is required (again, according to 442-FZ ) and a full package of documents on the recognition of a n / l in need of social services, an agreement, etc.
How is prevention documented?
In the Sverdlovsk region, activities (Schools for foster parents, Schools for the elderly, club associations) aimed at preventing the circumstances that cause the need for social services are entered in the "Prevention" module of the IS SES.
When providing charitable assistance (grocery), is it required to collect documents clearly confirming the need for such assistance: income statements, availability of a certificate of unemployment, etc., etc.
It depends on your regional list of social services and how social services are provided. We provide financial assistance - an urgent service. The whole point of urgent services is their promptness and low threshold access. Therefore, in the Sverdlovsk region - no, we do not collect the entire package of documents. And one more nuance - if this service is funded by charitable funds and you DO NOT take it into account in the volume of the state. tasks, then you can do whatever you want.
For the provided legal service to a pensioner, what circumstances should be recorded in the application?
It is necessary to identify the circumstance of recognizing a citizen in need of social services. Do not forget, there are such pensioners who will not fall under 7 circumstances under 442-FZ. See Art. 15 442-FZ.
What package of documents do you have for providing urgent psychological services to a minor?
To provide an urgent service under 442-FZ, only an application from a citizen (or his legal representative), or information from organizations that are not part of the social services system, is necessary. Moreover, this may be a situation under 120-FZ, see Articles 12 and 13. In this case, you accept a minor, regardless of whether there is an application from a legal representative, including simply at his request.
How to confirm the psychological services of a psychologist of the urgent social service department, for example, when patronizing people who do not want to declare themselves, this means full name, and other personal data ...
See Art. 21 442-FZ - an act on the implementation of urgent social services. No full name - no services. Either an act, or it is prevention.
What kind of programs are you talking about, will they be introduced in social service institutions?
These programs are used in the automation of prevention processes by all subjects of prevention in the Sverdlovsk region, incl. social service institutions, Ministry of Internal Affairs, GUFSIN, educational institutions(vocational schools, schools), commissions for minors, etc. All of them are components information system"Social service of the population" (IS SON). More detailed information can be obtained on the website of the system is-son.ru.
Ilya Vladimirovich, why do you take into account work in schools? For what purpose?
Because it is the prevention of circumstances that cause the need for social services. At its core, prevention is a set of services, not a job, and by considering prevention as a service, we are creating an analytical framework to further transform prevention from a job into a service.
Some of the functions that you have just discussed relate to the department of guardianship, the orphanage, will they transfer everything to us?
I am talking only about social services, the volume of which is determined by the regional list of social services and regional standards of social services. The provision of social services as carried out by social service organizations, and will be carried out.
Many questions on education, why?
Not only in education, but also in other areas, because social work is in relation to them an "adjacent" sphere of activity and intersects in a peculiar way with many areas of life of both a single individual and socio-demographic groups of the population.
