Step-by-step instruction on receipt of benefits

Many years have passed since the Chernobyl disaster, but its consequences still affect people. Compensation provided for people living in the Chernobyl zone is a minimum that can compensate for only the smallest part of the damage to their health. However, not everyone knows about these payments, and meanwhile they could replenish their budget.

That is why it is important to know what you are entitled to by law. That is why this step-by-step instruction has been compiled for you.

On July 1, 2016, amendments to the law “On the social protection of citizens exposed to radiation as a result of a catastrophe at Chernobyl nuclear power plant”, therefore, for the further presentation of the article, it is necessary to give some explanations.

After the accident at the Chernobyl nuclear power plant, large areas received radioactive contamination, and the levels of this contamination turned out to be different for various reasons, and not only in terms of the degree of remoteness from the site of the explosion of the nuclear power plant. All territories subject to the harmful effects of the Chernobyl nuclear power plant are divided into four zones:

• Exclusion Zone - a thirty-kilometer zone around the station, the population is completely evacuated, the population is prohibited from permanently residing in this zone, economic activity is limited;
• resettlement zone - this zone is located outside the exclusion zone. From the part of the zone, with a high degree of pollution, the population is evacuated without fail, the population of the rest of the zone can, in case of a voluntary decision, move to other areas. "Voluntary migrants" have the right, in accordance with the law, to count on compensation for harm and measures of social support. The population of the resettlement zone is provided with mandatory medical monitoring of their state of health.
• zone of residence with the right to resettlement - this zone is located outside the exclusion and resettlement zones. Residents of settlements in this zone have the right, as well as residents of the resettlement zone, to move to another place of residence and they are also guaranteed compensation for harm, social support and mandatory medical control.
• zone of residence with preferential socio-economic status - this zone includes a part of the territory of the Russian Federation, which is located further from the epicenter of the accident beyond the exclusion zones, resettlement zones and the zone of residence with the right to resettlement. This zone is characterized by the creation of an economic and ecological structure, which should improve the quality of life of the population above the average level and compensate Negative influence psycho-emotional stress due to the Chernobyl disaster.

The division of settlements into zones is legalized by the Government of the Russian Federation. Over time, the radioactive situation in contaminated areas changes, and accordingly, about once every 5 years, the lists of settlements with their breakdown by zones change. The latest status was established by Decree of the Government of the Russian Federation of October 8, 2015 N 1074 "On approval of the list of settlements located within the boundaries of radioactive contamination zones due to the disaster at the Chernobyl nuclear power plant"

Step 1: Find out what Chernobyl benefits can be obtained?

The law provides for many different benefits, payments, compensations and benefits to people affected by the Chernobyl accident, and not only to the population that ended up in the zone of contamination with radionuclides, but also to the participants in the liquidation of the accident, the military, doctors, firefighters and personnel of other involved services.

We consider it inappropriate to talk about all this in one article due to the large amount of material.

Therefore, here we will talk about the following benefits (payments), as the most interesting potential applicants:

1. About the allowance for the care of a child up to three years (Previously this allowance was sometimes called a double payment to the mother for the care of a child up to 3 years)
2. About the payment of benefits for temporary disability
3. About a one-time payment for moving to a new place of residence
4. About maternity benefit

Help with burial. The allowances for Chernobyl victims also include payment for burial. Until now, many people die due to radiation sickness and some other diseases resulting from the consequences of the Chernobyl disaster. In such cases, family members or people who have taken responsibility for organizing the funeral of this person receive an allowance in the amount of 11,456.14 rubles from February 1, 2018.

To receive assistance, you must contact the branch social protection by providing an appropriate medical report and your passport details.

Who can receive Chernobyl benefits?

Child care allowance up to three years
According to the amended law, this benefit is called a monthly payment. Well, in the old fashioned way, we will sometimes call this allowance, meaning by this a monthly payment. Citizens who permanently reside (or work) in one of the territories of the Chernobyl zone are entitled to receive this allowance. In addition, before the birth of a child, it is necessary to have a certain “experience” of living in a particular zone:

• resettlement zone - 1 year or more;
• zone of residence with the right to resettlement - 3 years or more;
• a zone of residence with a preferential socio-economic status - 4 years or more.

With the change in the law, the formula for calculating this benefit has changed, respectively, and its size.

Previously it was like this:

• working women received double child care allowance for 3 years (i.e. 40% x 2 = 80% of the average wages);
• non-working women received double the minimum allowance for 3 years.

Now from July 1, 2016:

• working women up to 1.5 years old receive a standard child care allowance (i.e. 40% of average earnings) plus 3,000 rubles, and from 1.5 to 3 years old receive a payment of 6,000 rubles;
• non-working women up to 1.5 years of age receive a minimum allowance for child care plus 3,000 rubles, and from 1.5 to 3 years of age receive a payment of 6,000 rubles.

The categories of persons who are entitled to child care allowance have not changed (they are standard and are defined by the federal law "On State Benefits for Citizens with Children"), namely -

The payment of benefits up to the age of three years of the child is made to persons:

• On maternity leave.
• Not subject to mandatory health insurance.
• Undergoing full-time training.
• Dismissed during pregnancy.
• Dismissed during a formalized care decree. The reason for the dismissal also does not matter.
• Those in military service.
• Being non-working wives of military personnel.

It must be borne in mind that the registration of Chernobyl payments to these persons (3,000 rubles and 6,000 rubles) is possible only if there is a period of permanent registration in a particular Chernobyl zone, and for issuing benefits for caring for a child up to 1.5 years, "experience" accommodation is not required.

For Chernobyl temporary disability benefits

As you know, temporary disability benefits in the general case depend on the duration of the insurance period of a sick citizen (or citizen). A feature of the payment of this allowance in the Chernobyl zone is that it is paid there to the following categories of residents in 100% average salary and does not depend on their insurance experience.

Chernobyl temporary disability benefits in the amount of 100% are paid:

• citizens who received or suffered radiation sickness, other diseases, who received disability as a result of the Chernobyl disaster;
• participants in the liquidation of the consequences of the Chernobyl accident;
• citizens who permanently reside (or work) in the resettlement zone;
• citizens who permanently reside (or work) in the area of ​​residence with the right to resettlement
• citizens who permanently reside (or work) in a zone with a preferential socio-economic status.
• parents, grandparents and guardians and caregivers during their stay with a sick child in the event that a child (under 15 years of age) is undergoing outpatient or inpatient treatment.

Allowance in the Chernobyl zone for moving to a new place of residence is paid accordingly when moving.

It should be borne in mind that Chernobyl benefits are paid only if the person applying for them permanently lives or works:

• In the area of ​​residence with the right to resettlement.
• In an area with preferential socio-economic status.
• In the resettlement area, until he moved to other areas.

Find out the size of Chernobyl benefits

The amount of payment for moving to a new place of residence in 2018 is 1505.46 rubles.for each family member who moves.

From July 1, 2016, it turns out that applicants for child care allowance up to 3 years of age must actually apply for two allowances.
The first is a care allowance for up to a year and a half, the same as throughout Russia in accordance with federal law and
the second - monthly Chernobyl payments from the date of birth of the child (more precisely, the month of birth) up to 3 years.

The design and size of the first benefit are described in the corresponding article on our website - "(opens in a new window), and the amount of Chernobyl payments is fixed by law, which do not depend on the average salary and the status of the recipient (employed or unemployed).

So, the amount of the Chernobyl payment up to 3 years is equal to - from 0 to 1.5 years - 3,000 rubles, from 1.5 to 3 years - 6,000 rubles. Everything is simple and clear and no calculations are needed.

The Chernobyl allowance for temporary disability is assigned in the amount of 100% of the average salary established by the relevant authorities. Seniority (insurance) is not taken into account when appointing.

Step 2: We collect documents for Chernobyl benefits

To receive Chernobyl payments (3,000 rubles 6,000 rubles) for child care and temporary incapacity, the applicant must bring:

• Statement.
• Document (certificate) of Chernobyl and its copy
• Birth certificate + copy.
• An excerpt about the composition of the family.
• Certificate stating that the other parent does not receive this payment
• Employment book certified in accordance with the established procedure (in case the applicant works in an infected zone, but lives in a normal territory)
• Certificate from the place of work indicating the address (in case the applicant works in the infected zone, but lives in the normal territory)
• I will stand with the details of the card from the bank.

To receive benefits in the Chernobyl zone for a change of residence, you need to collect the following papers:

• Statement.
• Passport + copy with registration page.
• Certificate of a citizen exposed to radiation due to the Chernobyl disaster.
• A certificate from the housing and communal services confirming residence in a new place of residence.
• Family statement. It is taken at the place of previous residence, located in the exclusion or resettlement zone.
• An extract from the bank about the card entered there, along with its data.

Advice: We recommend that you first visit the organization to which you plan to apply for benefits, and take a list of necessary documents there for your particular case. This will facilitate and speed up the process of preparing documents.

Step 3: Applying for Chernobyl allowances

Documents for Chernobyl payments (3,000 rubles. 6,000 rubles) for child care are submitted to the social security authorities at the place of residence or work. (If the applicant works and lives in the Chernobyl zone, then the documents are submitted to the social security at the place of residence).
Temporary disability benefits are issued at the place of work. You can take the application form and submit the papers in the accounting department.

It is possible to send documents by mail. The process is long and laborious, but perhaps it will be convenient for you.
Documents for payment on moving are submitted to the social security authorities at the place of actual residence.

Step 4: Waiting for payment

Your application may take varying amounts of time to process. It depends on the type of benefit and where you sent your documents.

For example, on Chernobyl payments (3,000 rubles 6,000 rubles) for child care, according to the law, a decision is made within 10 working days. After the decision, you will either receive a written refusal, or a payment for bank card. The term of payment is determined by regional legislation.

It turns out that getting Chernobyl allowances is not difficult: the main thing is to know what and where to carry. If you are denied payment for any reason, then always ask for a written refusal in order to go to a lawyer with it and sort out your problem.

E.A. Shapoval, lawyer, Ph.D. n.

Benefits for Chernobyl parents: what's new

Commentary on changes in the conditions for the payment of child benefits to Chernobyl victims

Law of December 29, 2015 No. 388-FZ(hereinafter - Law No. 388-FZ)

From July 1, 2016, for Chernobyl parents, the Art. 2, part 2, art. 9 of Law No. 388-FZ:

• conditions for granting an extended maternity leave;
• the amount of the monthly allowance for the care of a child up to 3 years.

Benefits for Chernobyl victims are now conditional actual stay (residence and (or) work) in the contaminated territories for a certain period of time and part 2, 4 tbsp. 4 of the Law of 15.05.91 No. 1244-1, red., valid. from 07/01/2016 (hereinafter - Law No. 1244-1).

Therefore, the provision of these benefits depends on the location of the employer or its structural unit in which the Chernobyl worker works, and when the right to the benefit arose.

Organizations (their structural subdivisions) are located in contaminated territories

From July 1, 2016 Chernobyl parents are entitled to benefits subject to the following conditions Art. 4, paragraphs. 7-9 hours 1 tbsp. 13, paragraph 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 Decree of the Government of 08.10.2015 No. 1074.

These benefits, under the same conditions, are now provided to those living and (or) working in settlements that have been exposed to radioactive 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 Law No. 175-FZ dated November 26, 1998.

During the period giving the right to the benefit, the following shall be counted:

• period of residence in contaminated territories, which is confirmed by a passport with a stamp of permanent registration at the place of residence in the locality indicated in a special government list. If a person with permanent registration in a contaminated area worked outside such a 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;
• the period of work in the settlements indicated 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 the zone of each type. Recalculation is carried out in the following order Art. 4 Law No. 1244-1:

Maternity leave

From July 1, 2016, the employer is obliged provide women with an extended prenatal leave - 90 calendar days- only if the condition of the period of residence and (or) work in the contaminated areas is met x pp. 7-9 hours 1 tbsp. 13, paragraph 6, part 1, art. 18, part 1, art. 20 of Law No. 1244-1. Therefore, if a sick leave for pregnancy and childbirth is issued to a woman for 160 calendar days (or 214 calendar days for multiple pregnancies) p. 6 h. 1 art. 18 of Law No. 1244-1; Art. 255 of the Labor Code of the Russian Federation; pp. 46-47, 51 Order, approved. Order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n On or after July 1, 2016, you need to determine if she lived and/or worked in these territories for the required number of years on the day prior to the start date of maternity leave.

If the condition on the deadline is met, then you take an application for leave from the woman and provide it Art. 255 of the 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, part 1-2, 3.1-5 Art. 14 of the Law of December 29, 2006 No. 255-FZ (hereinafter - Law No. 255-FZ).

If it turns out that the condition on the period of residence or work is not met, then you need to ask the woman to reissue a temporary disability certificate, since it is impossible to pay it because of the incorrectly indicated period of maternity leave p. 56 of the Order, approved. Order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n.

But if the maternity leave began before July 1, 2016, then the extended maternity leave must be granted according to the old rules, that is, regardless of the period of residence and (or) work in the contaminated territories x Part 1 Art. 8, part 2, art. 9 of Law No. 388-FZ. In this case, you do not need to additionally check the period of residence (work) in the contaminated territories, it is enough that the woman works for you at the time the decree began.

Child care allowance

From July 1, 2016 to the mother, father or other relative, as well as the guardian of the child increased childcare benefits are required only if there is a necessary period of residence and (or) work in the contaminated territories х pp. 7-9 hours 1 tbsp. 13, paragraph 7, part 1, art. 18, part 1, art. 19, part 1, art. 20 of Law No. 1244-1.

Previously, Chernobyl workers were paid a double monthly allowance until the child reaches the age of 3 years (and not until the child reaches the age of one and a half years, as the rest of the worker m) p. 7 h. 1 art. 18 of Law No. 1244-1 (as amended, valid until 07/01/2016).

The text of the draft Government Decree can be found here: Unified portal for placing legal information

From 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. pp. 7-9 hours 1 tbsp. 13, paragraph 7, part 1, art. 18, part 1, art. 19, part 1, art. 20 of Law No. 1244-1; Part 5.1, 5.2 Art. 14 Law No. 255-FZ:

• from the day a child is born until they reach the age of one and a half years in addition to the allowance due to the employee at the expense of the FSS, a fixed amount of 3,000 rubles is now paid monthly;
• from one and a half to 3 years paid a fixed amount of 6000 rubles.

According to the draft Government Decree, the monthly payment in a fixed amount will be made by the social security authorities at the place of residence or work of the employee, and not by employers. After the Resolution is published, we will tell you what documents will need to be issued to employees in connection with this.

OUTPUT

If parental leave began or resumed after a break on or after July 1, 2016, employees who are entitled to a monthly fixed payment for a child up to the age of 3 years, the employer pays only the usual childcare allowance up to one and a half years at the expense of FSS funds.

But if the parental leave began no later than June 30, 2016, then double the allowance is paid, as before, 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 FSS, 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 the employee interrupted the parental leave, and then, no later than July 1, 2016, again went on it.

Do not forget that the cost of paying childcare allowance up to one and a half years in double size, although they are reimbursed from the FSS in full, the Fund then receives part of the amount in excess of the single allowance from the federal budget. Therefore, Form 4-FSS Order of the FSS dated February 26, 2015 No. 59 should be filled in like this:

• Table 2 of Section I of Form 4-FSS reflects:

The entire amount of the allowance is in column 4 (in line 9);

The amount in excess of the one-time allowance - in column 5;

• Table 5 of Section I of Form 4-FSS (line 3) reflects:

Number of benefit recipients;

The number of days of its payment;

Benefit amounts excluding the amount in excess of the one-time benefit amount.

Expenses for the payment of benefits for the care of a child from one and a half to 3 years, addressed to Chernobyl victims, are reimbursed to the employer directly from the federal budget and Art. 5.1 of Law No. 1244-1; Clause 9 of the Rules, approved. Decree of the Government of July 16, 2005 No. 439. To do this, you need to submit monthly to your territorial body of social protection pp. 6-7(1) of the Rules, approved. Decree of the Government of July 16, 2005 No. 439; Letter of the Ministry of Labor of January 20, 2015 No. 13-7 / 10 / B-253:

• lists of recipients of benefits in any form, certified by the signature of the head of the organization, indicating:

Surname, name, patronymic of the employee receiving child care allowance;

Number, month, year of birth of the child;

The amount of the allowance;

Details of your organization for the transfer of funds;

• extracts from orders on granting leave to care for a child under 3 years old, certified by the seal of the organization.

We wrote about the procedure for calculating and paying child benefits to Chernobyl parents according to the old rules:

In the case of work during the period of parental leave until the child reaches the age of 3 years on a part-time basis, along with the salary, Chernobyl victims are entitled to a monthly allowance for child care in the above amounts x Art. 256 of the Labor Code of the Russian Federation.

Organizations (their structural subdivisions) are not located in the contaminated territories

We are talking about workers who have a permanent registration stamp in their passport at the place of residence in the locality indicated in the List, but they work and temporarily live outside the contaminated territories. Clause 5 of the Clarification (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 became entitled to benefits, that is, when maternity leave began or parental leave began (or resumed).

Maternity leave

If maternity leave has started:

• <или>On July 1, 2016 and later, a woman is not entitled to an extended vacation. Therefore, if she submits sick leave for 160 calendar days (or 214 calendar days for multiple pregnancies), then ask her to reissue the sick leave, since you do not have the right to pay the period of maternity leave indicated in it a No. 388-FZ No. 1244-1;
• <или>until June 30, 2016 inclusive, the allowance is paid until the child reaches the age of 3 years double size, laid at the expense of the FSS, that is, according to the old rules m Part 1 Art. 8, part 2, art. 9 of Law No. 388-FZ.

The cost of paying child care benefits in double the amount is reflected in the form 4-FSS in the manner that we described on.

OUTPUT

If the right to the benefit arose from the employee 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 he did not actually live in the contaminated territories immediately before the vacation.

And if an employee replaces maternity leave before it ends with parental leave before July 1, 2016, will he retain the right to receive double the amount of parental benefit under the old rules? This is possible only in one case: if the amount of the child care allowance turns out to be greater than the amount of the maternity allowance. For example, this is possible if a woman receives maternity allowance in the amount of not more than 1 minimum wage for a full calendar month.

And keep in mind that a woman cannot leave maternity leave early, so that later she can go on parental leave.

Since July 1, the procedure for calculating child benefits for citizens exposed to radiation as a result of the Chernobyl disaster has changed. In particular, employers are not obliged to pay benefits for the period of parental leave up to three years in double size. Instead, a fixed amount payment has been introduced, which can be obtained from the social security authorities. 1C experts comment on the new provisions.

New rules for the payment of benefits to children of "Chernobyl victims"

At the end of 2015, Federal Law No. 388-FZ of December 29, 2015 “On Amendments to Certain Legislative Acts” was adopted. Russian Federation in terms of taking into account and improving the provision of social support measures based on the obligation to comply with the principle of targeting and apply the criteria of need "(hereinafter - Law No. 388-FZ), some provisions of which are effective from 07/01/2016. The innovations relate to 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 concerning employers.

Cheat sheet on the article from the editors of BUKH.1C for those who do not have time

1. Until 07/01/2016, the duration of residence in the "Chernobyl" zones did not matter for the provision of social guarantees.

2. From 07/01/2016, citizens who permanently reside (work) in the contaminated territories for a certain period of time (1-4 years) immediately before the appointment of maternity leave or child care allowance are entitled to "Chernobyl" social support measures .

3. The list of settlements that are part of the "Chernobyl" zones is reviewed by the Government of the Russian Federation at least once every five years.

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 borders.

5. Such conditions were introduced in order to stop the practice of registering citizens immediately before the start of maternity or parental leave in order to receive social benefits.

6. Benefits for caring for a child up to three years old in a double amount for "Chernobyl victims" have been canceled, and instead of benefits, fixed payments have been established.

7. From 07/01/2016, for a monthly payment, individuals must apply to the social security authorities at the place of residence or at the place of work (previously, the benefit was assigned by the employer).

Obligations of employers

Until 07/01/2016, the obligations of the employer included (clauses 6, 7, part 1, article 18 of the Law of the Russian Federation dated 05/15/1991 No. 1244-1 "On the social protection of citizens exposed to radiation due to the disaster at the Chernobyl nuclear power plant", hereinafter - Law No. 1244-1):

• provide an extended prenatal leave for pregnancy and childbirth with a duration of 90 calendar days;
• pay double the monthly child care allowance until the child reaches the age of three.

Such guarantees were received by citizens who permanently reside (work):

• in the resettlement zone before they are resettled in other areas;
• on the territory of the zone of residence with the right to resettlement (except for longer prenatal leave);
• on the territory of the zone of residence with a preferential socio-economic status.

The list of these zones was approved by Decree of the Government of the Russian Federation of October 08, 2015 No. 1074 (hereinafter referred to as the List).

The duration of residence in such areas for the provision of social guarantees previously did not matter.

The amendments provide that citizens who permanently reside (work) in the contaminated territories for a certain period of time immediately before the appointment of maternity leave or child care allowance are entitled to the listed social support measures (clause 1, article 2 of Law No. 388 -FZ).

The period of residence (work) of citizens should be in the zone:

• resettlement - at least 1 year;
• residence with the right to resettlement - at least 3 years;
• residence with preferential socio-economic status - at least 4 years.

The list of settlements that are part of such zones, in accordance with part 3 of article 7 of Law No. 1244-1, is reviewed by the Government of the Russian Federation at least once every five years. In connection with this, the amendments provide for a special algorithm for calculating the time of residence (work) in these areas in the event of a revision of their borders. This calculation implies that each year of residence (work) in the area of ​​residence with:

• preferential socio-economic status is considered for 3 months of residence (work) 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 area of ​​residence with the right to resettlement.

Such conditions were introduced to stop the practice of registering citizens immediately before the start of maternity or parental leave in order to obtain these privileges.

Another important innovation is the abolition of the allowance for the care of a child up to three years in double size. Employers calculated such benefits 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 of July 16, 2005 No. 439 (hereinafter - Rules No. 439).

Law No. 388-FZ instead of the specified allowance establishes a monthly payment in a fixed amount (clause 2, 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;
• at the age of a child from one and a half to three years - in the amount of 6,000 rubles;

As noted above, the employer was obliged to assign a double monthly allowance to working citizens exposed to radiation as a result of the Chernobyl disaster (clause 5 of Regulation No. 439).

From 07/01/2016, for a monthly payment, individuals must apply to the social security authorities at their place of residence or place of work.

Accordingly, employers no longer have to generate lists with information about the insured person (who is assigned a double allowance), his child, and the amount of the allowance for caring for him. Recall that in accordance with paragraph 7-7.1 of Regulation No. 439, such lists of organizations were submitted to the social security authorities every month.

At the moment, no changes have been made to the current Rules No. 439 on the abolition of this obligation. However, we believe that this will be implemented in the near future.

Transitional provisions

Changes in the procedure for granting extended prenatal leave and assigning a monthly payment 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 came 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 settlements located within the boundaries of radioactive contamination zones;
• child care allowance in double size (based on average earnings) is assigned and paid by the employer until the child reaches the age of three years.

If the said holidays start on or after 01.07.2016, the following new rules apply:

• the employer provides an 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 in the new edition;
• child care allowance is assigned according to the general rules.

Until the child reaches the age of one and a half years, the employer monthly transfers a benefit calculated on the basis of 40 percent of the employee's average earnings, and a compensation payment in the amount of 50 rubles (Article 15 of Federal Law No. 81-FZ of May 19, 1995, Presidential Decree No. 1110 of May 30, 1994 ).

In the period from one and a half to three years, the employer pays only a monthly compensation - 50 rubles.

In the accounting programs "1C:Enterprise 8", changes related to the procedure for calculating child benefits for citizens exposed to radiation due to the disaster at the Chernobyl nuclear power plant have been implemented. For timing, see "Monitoring of changes in legislation" .

How to get a child benefit instead of a double benefit

The Government of the Russian Federation approved the rules for providing this payment by Decree No. 588 dated June 28, 2016 (hereinafter - Rules No. 588).

According to paragraph 7 of Regulation No. 588, for a monthly payment in a fixed amount (3,000 rubles and 6,000 rubles), individuals must apply to the social security authorities at their place of residence or place of work. If a citizen simultaneously lives and works on the territory of the zone of radioactive contamination (their list is approved by Decree of the Government of the Russian Federation of 08.10.2015 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 Regulation 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 its location.

Within 10 working days from the moment the individual submits all the necessary documents, the social security authority must decide on the appointment of the payment (clause 14 of Regulation No. 588).

Citizens within a month are required to notify the social security authority of the following events (clause 17 of Regulation No. 588):

• death of a child before the age of three;
• relocation of an individual or a child to a new place of residence outside the pollution zones;
• dismissal from an organization located on the territory of the contaminated zone, or a change in the location of the organization - moving to a new location outside the radioactive zone;
• change of residence or place of work within the zones of radioactive contamination. An application for suspension of payment is submitted to the social protection authority at the previous place of residence (work), and an application for its renewal is submitted to the social protection authority at the new place of residence (work) (clause 16 of Regulation No. 588).

Application forms are not given in Regulation No. 588. We believe that before the forms are approved, they can be compiled in any form or according to samples provided by the social security authority at the place of application for payment.

Despite the fact that the accident at the Chernobyl nuclear power plant occurred more than 30 years ago, its consequences are tangible - this is a seriously damaged health of 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. The 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 them led to radioactive contamination of the area and caused damage to a large number of people. The saddest disaster The Chernobyl accident, which took place on April 26, 1986. But there were also other accidents. So, on September 29, 1957, the "Kyshtym accident"- a catastrophic situation at the Mayak chemical plant (the closed city of Chelyabinsk-40, currently Ozersk). A container with radioactive waste exploded. However, since 1948, radioactive waste merged into the river Techa. In addition, since 1949 Soviet authorities conducted nuclear tests at the Semipalatinsk test site (now the territory of Kazakhstan). Due to the imperfection of technologies, the territory turned out to be contaminated, the negative health effects are still being felt by military personnel, employees of the landfill, and residents of surrounding settlements.

To ensure the social protection of the 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 Chernobyl nuclear power plant disaster” was adopted. The norms of this law also apply to victims of other man-made disasters with radiation contamination.

In general, the list of citizens - federal beneficiaries in accordance with the law is as follows:

1. Victims of the Chernobyl disaster:
   • those who received radiation and suffered from 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 disability in connection with the Chernobyl disaster, including those who participated in the aftermath; evacuees from exclusion and resettlement zones; those who received disability due to bone marrow donation to save the victims of the Chernobyl nuclear power plant;
   • participated in 1986-1987 in the work to eliminate the consequences of the Chernobyl disaster; those who served in the exclusion zone, worked at the Shelter facility, doctors who received excess doses of radiation;
   • employed at work in the exclusion zone, permanently residing or working on the territory of the resettlement zone, zones of residence with a preferential socio-economic status, employed at work in the resettlement zone;
   • voluntarily moved to a new place of residence from the resettlement zone after 1986;
   • military personnel, employees of the internal affairs bodies, the Ministry of Emergency Situations who have been or are undergoing military service in exclusion zones, resettlement zones or zones with a preferential socio-economic status;
2. Victims as a result of radiation contamination at the Mayak Production Association:
   • 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;
   • evacuated or voluntarily left the settlements that were exposed to radioactive contamination due to the accident at the Mayak plant and the discharge of radioactive waste into the Techa River;
   • those 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 the Mayak plant and the discharge of radioactive waste into the Techa River;
3. Living 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 reviewed every 5 years, since the radiation situation is not constant.

According to 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 assigned to the exclusion zone; to the resettlement zone - some settlements of the Bryansk, Oryol, Tula and Kaluga regions; the settlements of several more constituent entities of the Russian Federation belong to the zone of residence, which has a preferential economic status.

What are the legal benefits

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 (UDV), as well as receiving a set of social services;
• disability pension (if the victim has a disability);
• social or insurance pension.

Monthly payment is assigned pension fund RF, its size is indexed every year and is unchanged for all subjects of the Russian Federation. Data on the amounts of the CU and the categories of recipients are in the table.

Categories	Amount, rubles
- invalids due to the accident at the Chernobyl nuclear power plant; — liquidators of the consequences of the Chernobyl accident; - disabled children due to the Chernobyl accident; disabled due to occupational diseases. associated with radiation exposure; — became disabled due to the accident at the Mayak plant; - aimed at eliminating the consequences of the accident at the Mayak plant 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 diseases due to the Chernobyl accident; - 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 an accident at the Mayak plant; - aimed at eliminating the consequences of the accident at the Mayak plant in 1959-1961; — evacuees and those who left the contaminated zone (PA "Mayak" and the river Techa)	2 073,51
- children under 18 years old, children of the 1st and 2nd generations living in the infection zone; - children of the 1st and 2nd generations suffering from diseases due to the effects of radiation on their parents	1 295,13
— children under 18 living in a zone with a privileged socio-economic status	778,41
- those who received a total effective dose of radiation from 5 to 25 cSv (rem); — children under 18 years old, children of the 1st and 2nd generations, effective radiation dose over 5 cSv	649,23
– living or working in areas of residence with the right to resettlement; with preferential socio-economic status; in the resettlement zone; - living in settlements where the radiation dose is more than 1 mSv (0.1 rem)	518,37

According to the legislation, all recipients of the UDV are entitled to receive a set of social services (NSS), which include:

• provision of medicines according to a doctor's prescription and within the limits of the standards of medical care;
• payment for sanatorium treatment according to doctor's prescriptions;
• free travel to the place of sanatorium treatment.

NSO can be obtained both in kind and in cash. Initially, the conditions for receiving social services for "Chernobyl survivors" differ from other categories - the approved amounts of the CDU already take into account the receipt of a set in cash.

If the beneficiary wishes to receive free medicines, sanatorium treatment and free travel to it, he submits an application but in this case, the cost of a set of social services is deducted from the amount of the unified income (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 early insurance pension. However, the conditions for retirement depend on the category of the beneficiary. For this, the following conditions must be met:

• insurance experience of at least 5 years;
• at least 30 pension points.
• age is less than a certain age.

Retirement age is falling 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 - those who were evacuated from the adjacent territory, worked at the scene of the accident from 2 weeks in 1987; for 5 years - 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, launched in 2018, will not affect those affected by 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 higher 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 due to an 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 the 3rd group, relatives of the deceased (5269.88 rubles).

To all pension payments - both to social pensions and insurance, if necessary, an additional payment is made up to the subsistence level in a particular region.

At the regional level, some categories of "Chernobyl" beneficiaries are entitled to an annual surcharge for recovery. 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 at the expense of a housing subsidy from the federal budget. Thus, according to Decree of the Government of the Russian Federation of March 21, 2006 N 153, citizens registered as in need of better housing conditions who were exposed to radiation due to accidents at the Chernobyl NPP and the Mayak Production Association are entitled to housing.

The conditions for allocating a housing subsidy do not differ from other similar categories: the subsidy is allocated based on the area standard for each beneficiary and the average price square meter living space in each particular region.

The grant 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 the previously received mortgage loan.

There are conditions for recipients of the housing allowance, 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 dwelling, it is transferred to state ownership.

Benefits for utilities

For beneficiaries who have received diseases due to exposure to radiation or become disabled, utility bills offered. The set of benefits covers 50% of the following basic housing and communal expenses:

• payment for rent and maintenance of housing (payment under lease agreements, monthly payments to the management company);
• contributions to overhaul apartment buildings both for the beneficiaries themselves and for their family members;
• 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 is without central 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 have other preferences:

• in case of reduction of personnel by the employer - an advantage compared to other employees (regardless of length of service);
• when transferring to another job (less paid) for health reasons - additional payment to the previous level of wages;
• the opportunity to use the main vacation at any convenient time, additional paid leave for up to 14 days;
• temporary disability benefit is paid in the amount of 100% of wages;
• extraordinary service in social institutions, extraordinary admission to cooperatives, extraordinary right to purchase a summer residence;
• providing a land plot for the construction of housing out of turn (for those who have the right to do so);
• extraordinary provision of medical services, the ability to be served in those medical institutions to which the beneficiary was attached before retirement;
• providing children with places in kindergartens, schools, sanatoriums out of turn, paying for their meals;
• when resettling from contaminated territories - an extraordinary right to find a job 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 compensations, for example, free travel in public transport. To clarify the list of benefits, you should contact the department of social protection of the population at the place of residence.

Registration procedure and required documents

In order to take advantage of the entitlement benefits and payments, you must first obtain the appropriate certificate:

• certificate of a single sample 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 apply for a certificate, please 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 the status. These can be certificates of residence in the contaminated area, a military ID with a record of service in the places of emissions. radioactive substances, work book with a corresponding entry, etc.;
3		for those who draw up a survivor's pension - documents confirming the relationship between the victim of radiation and the applicant.

A certificate is issued no more than 10 days from the date of receipt of documents. After receiving the certificate, benefits are provided on its basis.

In order to receive the due benefits and payments, you need to contact the appropriate authority, draw up 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 department of social protection of the population, the MFC or the housing subsidy center. You will need to provide the following documents:

1		applicant's passport;
2		application in the prescribed form;
3		certificate of "Chernobyl";
4		data on family members - marriage certificate, birth certificates of children;
5		information about the composition of the family;
6		documents confirming the ownership of housing (if any);
7		other documents as needed.

The procedure and list of required documents may change from time to time, so it is worth clarifying all the necessary information in the department of social protection of the population.

Recent changes in legislation

In April 2018, the Just Russia party submitted bills to the State Duma regarding raising social standards for participants in the liquidation of the Chernobyl accident. In particular, it is proposed to assign benefits and compensation for housing and communal services for those living in any housing, and not just in state, municipal or privatized housing stock. This is aimed primarily at those who have purchased for last years property ownership. It is also proposed to establish 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 the Social Protection of Citizens Exposed to Radiation as a Result of 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.

Decree of the Government of the Russian Federation No. 74 dated January 26, 2018 “On Approval of the Indexation Coefficient of Payments, Allowances and Compensations in 2018” indexed payments to victims of radiation accidents. For 2018, the indexation coefficient is set at 1.025.

Features of registration and receiving 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 the provision of benefits and payments. However, a significant part of the benefits are set at the regional level, so recipients sometimes have problematic situations.

Since the accident at the Chernobyl nuclear power plant occurred before the collapse of the USSR, the liquidators of the consequences of the accident subsequently received different citizenships. However, the Russian social protection authorities sometimes unreasonably refuse relatives of the deceased liquidators of the accident due to the fact that at the time of death they could have a different citizenship than the USSR and the Russian Federation. Such refusals are illegal, since social support measures, according to the law, apply to the families of the deceased liquidators of the accident, without specifying the mandatory presence of a certain citizenship.

At the same time, some refusals are quite justified. For example, compensation or benefits for paying for housing and communal services rely directly on the participant in the liquidation of the consequences of the Chernobyl accident. If his widow or other relatives apply for benefits, they will be denied for good reason.

Among the problems currently unresolved is the refusal to provide benefits for paying housing and communal services for those living in acquired residential real estate. According to the current legislation, only those living in state, municipal and privatized housing receive such benefits. There are prospects that the State Duma will soon vote for the relevant bill and the problem will disappear.

In Moscow, more than a million people with disabilities and Chernobyl survivors will receive benefits for paying for housing and communal services. “As you know, at the initiative of United Russia, we have returned the calculation of benefits not from the social norm, but from the entire volume of consumption. Such a decision was made. And from January 1, we must return the overpaid utility bills to the disabled and Chernobyl victims - this is about a million people, ”said Sergei Sobyanin.

As a result of the forum, the United Russia faction sent Sergei Sobyanin proposals that people with disabilities and families raising children with disabilities should enjoy benefits for paying utility bills, regardless of the amount of resources consumed (as before, until January 1, 2016).

In addition, disabled people must receive compensation from the city budget for funds overpaid after January 1 for public Utilities.

How to get a recalculation?
How will the overpayment be returned?
	Disabled people;

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Reference. Who belongs to Chernobyl

Land tax benefits

Example.

On January 1, 2015, Ch. 32 of the Tax Code of the Russian Federation, according to which Chernobyl victims retain a property tax exemption, but in relation to one object of taxation of each type, chosen by a citizen, regardless of the number of grounds for applying tax incentives(clauses 1, 3 of article 407 of the Tax Code of the Russian Federation).

Note!

Note.

Benefits and pension payments to Chernobyl victims in 2018

If you belong to more than one category of beneficiaries at the same time, you can only receive one benefit of your choice.

Benefits for personal income tax

Reference.

Note!

February 2015

In Moscow, more than a million people with disabilities and Chernobyl survivors will receive benefits for paying for housing and communal services. “As you know, at the initiative of United Russia, we have returned the calculation of benefits not from the social norm, but from the entire volume of consumption. Such a decision was made.

Moscow invalids and Chernobyl survivors will receive benefits for payment of housing and communal services

And from January 1, we must return the overpaid utility bills to the disabled and Chernobyl victims - this is about a million people, ”said Sergei Sobyanin.

The issue of practical measures to implement the party's initiative was considered at a meeting of the Presidium of the Moscow Government. The discussion was attended by the head of the United Russia faction in the Moscow City Duma Andrey Metelsky, secretary of the party's MGRO Nikolai Gonchar and director of the Naslednik school Lyubov Dukhanina.

Earlier, amendments were made to the federal legislation, according to which, from January 1, 2016, utility bill benefits (50 percent discount) for disabled people and Chernobyl victims are provided only within the consumption norms, and not for the entire volume of consumed utility services.

As a result, payments for electricity alone increased on average from 400 to 900 rubles per apartment per month, depending on the composition of the family and actual consumption.

“Naturally, this raised questions from the disabled, society. This topic was raised at meetings with deputies of the Moscow City Duma and the State Duma. It also became the main one at the United Russia forum, which discussed the problems of the disabled,” said Vladimir Petrosyan, Minister of the Moscow Government, head of the Department of Labor and Social Protection of the Population.

The issue of abolishing the use of norms for the consumption of electricity, water and other communal resources when calculating utility benefits was actively discussed at the Moscow City Forum "For Equal Rights and Equal Opportunities", which was held on April 12.

As a result of the forum, the United Russia faction sent Sergei Sobyanin proposals that people with disabilities and families raising children with disabilities should enjoy benefits for paying utility bills, regardless of the amount of resources consumed (as before, until January 1, 2016). In addition, disabled people must receive compensation from the city budget for overpaid utility bills after January 1.

The Mayor of Moscow supported these proposals. In addition, it was decided to extend the initiative to return utility bill benefits to Chernobyl victims.

As a result, the United Russia faction submitted to the Moscow City Duma a draft law “On Amendments to Article 9 of the Law of the City of Moscow dated November 3, 2004 No. 70 “On Measures of Social Support for Certain Categories of Moscow Residents””. It is expected that it will be considered at the next meeting.

And at a meeting of the Presidium of the Government of Moscow, a resolution “On the procedure for providing additional measures of social support for paying utility bills to disabled people, families with disabled children, citizens affected by radiation exposure” was adopted.

This legal act defines mechanisms for the return of utility bill benefits to more than one million disabled people in Moscow, families with disabled children, and Chernobyl survivors. From May 1, they will again be given a 50 percent discount on the entire volume of consumed utilities, excluding consumption norms.

The procedure for obtaining benefits is standard. Citizens residing in the old territory of the city will be provided with a utility payment benefit in kind. Residents of Tinao - in the form of monetary compensation. Most beneficiaries will not need to write an application to exercise their right to receive benefits. If information about them is available in the information databases of the Moscow Government, a 50 percent discount on utility bills for the entire volume of consumption will be set automatically.

Muscovites, information about which is not available in the information databases of the Moscow Government, can apply to any center of public services "My Documents", as well as to the district departments of the City Center for Housing Subsidies, to establish benefits.

The resolution also provides for the return of overpaid utility bills to disabled people, families with disabled children and Chernobyl survivors starting from January 1, 2016. Reimbursement will be carried out for four months: January, February, March, April.

Overpaid funds spent on paying for electricity will be returned in the form of a lump sum cash payment to the bank accounts of beneficiaries. Refunds will be made from May.

“This is about a thousand to one and a half thousand rubles for each family,” Vladimir Petrosyan added.

If the extra funds were also spent on paying for other utilities (heat, hot and cold water and others), then the corresponding payments will be reduced in the single payment document for May. All overpaid funds will be returned to residents of Tinao in the form of a lump sum cash payment.

“Sergey Semyonovich, you already know that the volume of budget expenditures will amount to three and a half to four billion rubles,” the Minister emphasized.

It is symbolic that the date of consideration of this issue at a meeting of the Presidium of the Government of Moscow coincided with the 30th anniversary of the accident at the Chernobyl nuclear power plant (April 26, 1986).

Who can count on a refund of overpayment for utility services?	More than one million disabled people in Moscow, families with disabled children, Chernobyl victims and others affected by radiation disasters.
How to get a recalculation?	Most beneficiaries do not need to write an application. If information about them is available in the information databases of the Moscow Government, a 50 percent discount on utility bills for the entire volume of their consumption will be set automatically. Muscovites, information about which is not in the information bases of the Moscow Government, or if they do not see a benefit for the entire volume of consumption in the payment document for May 2016, can apply to any center of public services "My Documents", as well as to the district departments of the City Center to establish the benefit housing subsidies.
How will the overpayment be returned?	Citizens living in the old territory of the city will receive benefits in paying utility bills in kind. Residents of New Moscow - in the form of monetary compensation. Overpaid funds spent on paying for electricity will be returned to beneficiaries living in the old territory of the city in the form of a lump sum payment to bank accounts. Payments will be made in May 2016. Overpaid by beneficiaries living in the old city area, funds spent on paying for other utilities (heat, hot and cold water, etc.) will be returned by reducing the corresponding payments in a single payment document for May 2016. In May 2016, overpaid funds for all utilities will be returned to residents of New Moscow in the form of a lump-sum cash payment.
For what period will the recalculation be made?	The Decree provides for the return to disabled people, families with disabled children, Chernobyl victims and other victims of radiation disasters of overpaid utility bills starting from January 1, 2016 (that is, the reimbursement will be carried out for four months - January, February, March, April).
What documents do you need to provide for recalculation?	Benefits under the new (returned) rules will be calculated automatically, since all beneficiaries are in the databases of the Moscow departments of social protection.
How long does it take from submitting documents to receiving money?	Monetary compensation will automatically come to the account to which social benefits are transferred to each beneficiary. If in May, for some reason, the beneficiary does not receive compensation or a payment with new calculations, he can write an application at the City Center for Housing Subsidies or any My Documents public services center.
	Disabled people; families with disabled children; citizens affected by radiation exposure.

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Tax incentives for Chernobyl victims

What tax benefits do citizens who have been exposed to radiation as a result of the Chernobyl disaster have?

Right to social support, including in the form of tax benefits, are citizens exposed to radiation as a result of the Chernobyl disaster.

Reference. Who belongs to Chernobyl
Chernobyl victims include (Article 13 of the Law of May 15, 1991 N 1244-1):
1) persons who received or suffered radiation sickness and other diseases associated with radiation exposure as a result of the Chernobyl disaster or with work to eliminate the consequences of the disaster at the Chernobyl nuclear power plant;
2) disabled people as a result of the Chernobyl disaster from among:

• citizens (including those temporarily sent or seconded) who took part in the liquidation of the consequences of the disaster within the exclusion zone or engaged in operation or other work at the Chernobyl nuclear power plant;
• servicemen and persons liable for military service called up for special training and involved in the performance of work related to the liquidation of the consequences of the Chernobyl disaster, regardless of the place of deployment and the work performed, as well as persons in command and rank and file of the internal affairs bodies, the State Fire Service, who were (are) serving in exclusion zone;
• citizens evacuated from the exclusion zone and resettled from the resettlement zone or who voluntarily left these zones after the decision to evacuate was made;
• citizens who donated bone marrow to save the lives of people affected by the Chernobyl disaster, regardless of the time that has passed since the moment of bone marrow transplantation, and the time of development of their disability in connection with this;

3) citizens (including temporarily sent or seconded) who received in 1986-1987. participation in the work to eliminate the consequences of the Chernobyl disaster within the exclusion zone or employed during this period in work related to the evacuation of the population, material assets, farm animals, and in the operation or other work at the Chernobyl nuclear power plant; military personnel and persons liable for military service called up for special training and involved during this period to perform work related to the elimination of the consequences of the Chernobyl disaster within the exclusion zone, including flight and lifting, engineering and technical staff of civil aviation, regardless of the place of deployment and the work performed; persons commanding and rank and file of the internal affairs bodies, held in 1986 - 1987. service in the exclusion zone; citizens, including servicemen and those liable for military service, who were called up for military training and took part in 1988-1990. in works on the "Shelter" object; junior and paramedical personnel, doctors and other employees of medical institutions (with the exception of persons whose professional activities are related to working with any kind of ionizing radiation sources in the conditions of the radiation situation at their workplace, corresponding to the profile of the work performed), who received excess doses of radiation during the provision of medical assistance and services during the period from 04/26/1986 to 06/30/1986 for persons affected by the Chernobyl disaster and who were a source of ionizing radiation;
4) citizens (including temporarily sent or seconded) who received in 1988 - 1990. participation in the work to eliminate the consequences of the Chernobyl disaster within the exclusion zone or employed during this period in operation or other work at the Chernobyl nuclear power plant; military personnel and persons liable for military service called up for special training and involved in these years to perform work related to the liquidation of the consequences of the Chernobyl disaster, regardless of the place of deployment and the work performed, as well as persons in command and rank and file of the internal affairs bodies, which took place in 1988 - 1990. service in the exclusion zone;
5) citizens employed in work in the exclusion zone;
6) citizens evacuated (including those who left voluntarily) in 1986 from the exclusion zone or resettled (relocated), including those who left voluntarily, from the resettlement zone in 1986 and in subsequent years, including children, including children which at the time of evacuation were (are) in a state of prenatal development;
7) citizens permanently residing (working) on ​​the territory of the zone of residence with the right to resettlement;
8) citizens permanently residing (working) on ​​the territory of the zone of residence with a preferential socio-economic status;
9) citizens permanently residing (working) in the resettlement zone prior to their resettlement to other areas;
10) citizens employed at work in the resettlement zone (not residing in this zone);
11) citizens who voluntarily left the zone of residence for a new place of residence with the right to resettlement in 1986 and in subsequent years;
12) military personnel, persons in command and rank and file of the internal affairs bodies, the State Fire Service, performing (passing) military service in the exclusion zone, the resettlement zone, the zone of residence with the right to resettlement and the zone of residence with a preferential socio-economic status.

Tax benefits to which Chernobyl victims are entitled can be divided depending on the type of tax:

Land tax benefits

Citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant have the right to reduce the tax base for tax by a tax-free amount of 10,000 rubles. in a relationship land plot owned, permanent (perpetual) use or lifetime inheritable possession on the territory of one municipality (federal cities of Moscow and St. Petersburg) (clause 5, clause 5, article 391 of the Tax Code of the Russian Federation).

Note! From 01/01/2015, this benefit can be used in relation to a land plot located on the territory of the federal city of Sevastopol (paragraph "b" of paragraph 24 of article 2 of the Law of November 29, 2014 N 379-FZ).

Additional benefits for land tax may be established by the representative bodies of municipalities (the laws of cities of federal significance) (paragraph 2, clause 2, article 387 of the Tax Code of the Russian Federation).

Example.Land tax benefits established in Moscow
For citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant, in Moscow, a land tax exemption is provided in the form of an additional reduction (in addition to federal benefits) of the tax base by 1 million rubles. (clause 5, part 2, article 3.1 of the Law of the City of Moscow dated November 24, 2004 N 74).

Personal property tax benefits

Until 01/01/2015, Chernobyl victims were exempt from paying property tax in respect of all objects owned by them (paragraph 6, clause 1, article 4 of the Law of 12/09/1991 N 2003-1).

On January 1, 2015, Ch.

Benefits for Chernobyl survivors in Moscow

32 of the Tax Code of the Russian Federation, according to which Chernobyl victims retain a property tax benefit, but in relation to one object of taxation of each type, chosen by a citizen, regardless of the number of grounds for applying tax benefits (clauses 1, 3 of article 407 of the Tax Code RF).
Additional property tax benefits individuals may also be established by the representative bodies of municipalities (the laws of federal cities) (paragraph 2, clause 2, article 399 of the Tax Code of the Russian Federation).

Vehicle tax relief

The exemption for this tax should be provided for by regional legislation, which approves the list of beneficiaries (clause 3, article 12, clause 3, article 14, article 356 of the Tax Code of the Russian Federation).

For example, a benefit for transport tax for residents of Moscow, Part 1 of Art. 4 Law of the city of Moscow dated July 9, 2008 N 33.

Note! You can not pay transport tax only from one vehicle engine power up to 200 hp. from. (up to 147.1 kW), which is registered to you (parts 1, 5, article 4 of the Law of Moscow dated 09.07.2008 N 33).

The specified benefit is not provided for water and air vehicles, as well as snowmobiles and snowmobiles (part 3 of article 4 of the Law of the City of Moscow dated 09.07.2008 N 33).

Note. If you belong to more than one category of beneficiaries at the same time, you can only receive one benefit of your choice.

Benefits for personal income tax

The income of citizens who are taxed at the personal income tax rate of 13% can be reduced by the amount of tax deductions (clause 3 of article 210, clause 1 of article 224 of the Tax Code of the Russian Federation).

In relation to yourself, you are entitled to standard tax deductions (Article 218 of the Tax Code of the Russian Federation). The amount of such a deduction is 500 rubles. or 3000 rubles. per month, depending on which group of affected persons you belong to (clauses 1, 2, clause 1, article 218 of the Tax Code of the Russian Federation).

Reference. To whom in what size is the standard tax deduction (clauses 1 and 2 clause 1 of article 218 of the Tax Code of the Russian Federation)
Deduction in the amount of 3000 rubles. provided:

• citizens who have received or suffered radiation sickness and other diseases associated with radiation exposure due to the disaster at the Chernobyl nuclear power plant or with work to eliminate the consequences of the disaster at the Chernobyl nuclear power plant;
• citizens who received a disability as a result of the disaster at the Chernobyl nuclear power plant, from among the persons who took part in the liquidation of the consequences of the disaster within the exclusion zone of the Chernobyl nuclear power plant or engaged in operation or other work at the Chernobyl nuclear power plant (including temporarily assigned or seconded), military personnel and conscripts , called up for special fees and involved in the performance of work related to the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant, regardless of the location of these persons and the work they perform, as well as persons in command and rank and file of the internal affairs bodies, the State Fire Service, who passed (passing) service in the exclusion zone, persons evacuated from the exclusion zone of the Chernobyl nuclear power plant and resettled from the resettlement zone or voluntarily left these zones, persons who donated bone marrow to save the lives of people affected by the disaster at the Chernobyl nuclear power plant, regardless of time elapsed since the date of the operation for bone marrow transplantation and the time of development of disability in these persons in this regard;
• citizens who took in 1986 - 1987. participation in the work to eliminate the consequences of the Chernobyl disaster within the exclusion zone of the Chernobyl NPP or employed during this period in work related to the evacuation of the population, material assets, farm animals, and in operation or other work at the Chernobyl NPP (including temporarily assigned or seconded);
• military personnel, citizens, dismissed from military service, as well as those liable for military service called up for special training and involved during this period to perform work related to the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant, including the takeoff and lifting, engineering and technical staff of civil aviation, regardless of the place of deployment and the work performed by them;
• citizens of the commanding and rank and file of the internal affairs bodies, the State Fire Service, including citizens dismissed from military service, held in 1986-1987. service in the exclusion zone of the Chernobyl nuclear power plant.

Deduction in the amount of 500 rubles. provided:

• junior and middle medical personnel, doctors and other employees of medical institutions (with the exception of persons whose professional activities are related to working with any kind of ionizing radiation sources in the conditions of the radiation situation at their workplace, corresponding to the profile of the work performed), who received excess doses of radiation exposure during provision of medical care and services in the period from 04/26/1986 to 06/30/1986 to citizens affected by the disaster at the Chernobyl nuclear power plant and being a source of ionizing radiation;
• workers and employees, as well as former military personnel and retired from service to persons in command and rank and file of the internal affairs bodies, the State Fire Service, employees of institutions and bodies of the penitentiary system who have received occupational diseases associated with radiation exposure at work in the exclusion zone of the Chernobyl nuclear power plant;
• citizens who were evacuated (including those who left voluntarily) in 1986 from the exclusion zone that was exposed to radioactive contamination as a result of the Chernobyl nuclear power plant disaster, or resettled (relocated), including those who left voluntarily, from the resettlement zone in 1986 and in subsequent years , including children, including children who were in a state of intrauterine development at the time of evacuation.

Note! If you are entitled to several standard deductions for yourself, for example, you are both a Chernobyl and a Hero of the Russian Federation, you will be granted the maximum of them. It is impossible to sum up deductions and use them at the same time (paragraph 1, clause 2, article 218 of the Tax Code of the Russian Federation).

The procedure for applying for tax relief

To receive benefits, you must submit an application yourself and Required documents, confirming the right to a tax benefit, to the tax authorities at the location of the real estate and / or land and / or vehicle registered to you (for example, a certificate that received (s) or suffered (s) radiation sickness and other diseases associated with radiation exposure due to the disaster at the Chernobyl nuclear power plant; became (s) disabled (clause 2 of the Order, approved by Order of the Russian Emergencies Ministry N 728, the Ministry of Health and Social Development of Russia N 832, the Ministry of Finance of Russia N 166n dated 08.12.2006)).

The procedure and terms for the submission by taxpayers of documents confirming the right to reduce the tax base are established by regulatory legal acts of the representative bodies of municipalities (laws of federal cities).

Note. Detailed information about the established tax benefits in a particular region can be found using the information resource "Property taxes: rates and benefits" in the "Electronic Services" section of the website of the Federal Tax Service of Russia.

For specific questions about the procedure for granting tax benefits, you should contact the representative body of the municipality or the tax authority at the location of real estate and/or land and/or vehicle.

February 2015

Tax incentives, personal income tax, transport tax, land tax