The main points of an individual social service program. Urgent social services

4 months have passed since the entry into force of the new law N 442-FZ “On the fundamentals of social services for citizens in the Russian Federation”, adopted on December 28, 2013. Some of the by-laws necessary for its implementation have been adopted, the first experience of use in the regions has been obtained... After the adoption of the law, Elena Zablotskis, a lawyer from the legal group of the Republican Public Organization "Center for Curative Pedagogy", has already commented on its capabilities and limitations. Pavel Kantor, a lawyer from the legal group of the Republican Public Organization “Center for Curative Pedagogy”, spoke at a webinar held on April 21 at the Web-school of the Regional Public Organization of People with Disabilities about what the first experience showed and how to really launch the law in order to take full advantage of its positive potential. "Perspective".

When the new law on social services was created and adopted, there was a clear clash of two concepts: from the expert community, civil society, there was a request that the social protection system functions very poorly and needs to be radically changed, and from the social protection system itself there was an answer : “Yes, we acknowledge criticism, but how can we do it without changing anything?” Therefore, the result was a compromise. On the one hand, the new law can be read and applied in such a way that the existing state of affairs roughly corresponds to it. On the other hand, it contains quite serious intentions, one might say, “bombs” - key places that can transform this system if society and citizens are not passive.

Innovations

What, in my opinion, was the cardinal innovation of the law? Firstly, this high degree openness of the system: complaints and problems have always been related to the fact that the social service system, the boarding system, is very closed. It remains very closed, but, nevertheless, information about social service providers is disclosed very widely, including on the Internet, and is made available to everyone; The law stipulates that the lists of social services are open, tariffs for social services- open, access of non-state suppliers (this is a separate issue) - open.

In principle, before, under the old law, non-governmental organizations could theoretically participate (and did participate) in social services for the population, but the new law for the first time consolidated this - it recorded the fact of the participation of non-governmental organizations (including commercial ones) in the provision of social services. Based on the experience of other European countries known to me, we can say that this is quite a commercial market - completely commercial organizations operate in the social services market, and there is nothing strange or incomprehensible about this. Consideration of the social assistance system as a kind of charity, public charity comes from the traditions of past centuries, when it was believed that everyone can cope on their own, and only the poorest and most unfortunate can be helped “out of mercy.” Now the situation is changing: social services are a service that costs money and which is profitable to provide (if everything is arranged normally). In theory, all this should benefit the recipients of services themselves (there is competition, choice, and struggle for the recipient). Of course, something needs to be done for this (we will talk about this).

Among the serious innovations of the new law, I see: 1) an attempt to “open” the system, 2) an attempt to declare non-state providers of social services as equal players in this market, and 3) that the new law provides for some individuality and targeting. We now provide social services not to disabled people, not to veterans, not to large families in general. Social services are now provided to each specific person, in the terminology of the new law - the recipient of social services, not depending on what category he belongs to, but depending on what he needs in his specific life situation. It would seem that the difference is not very big, but, in my opinion, this is a change in approach - instead of a category, it comes from the person.

In practice, this is manifested primarily in the fact that now an individual program for the recipient of social services must be developed for each recipient of social services, which must indicate the specific services that this particular recipient needs, a list of possible suppliers to whom he can turn to receive of these services (the law states that the recipient must have a choice) and assessment of the quality of their implementation.

So far (it’s already April!) not a single person has reached me with a drawn up program for receiving social services. What does this mean? Or that everything works perfectly and people don’t go to crisis centers (which is very doubtful). Or that programs have not yet been drawn up and executed, and people have not yet comprehended the difficulties in drawing up and receiving individual programs. So now I'm speculating. I suspect that some time will pass and there will be appeals, disputes and conflicts about these programs, and then we will see which points in the new law do not work.

I already know some of the “painful” points and will try to talk about them later. Let's talk about theory first, and then about practice.

Who can receive social services?

So, who, in accordance with the new law, can become a recipient of social services and - most interesting - how? We have moved away from the concept of “difficult life situation” and have come to the conclusion that Article 15 states: “A citizen is recognized as needing social services if 1) he has lost the ability to independently fulfill his life needs, 2) he has disabled people or children in his family in need of help." This is also an innovation of this law - it was clear before, but it finally clearly states that it is not a person who needs help, but a family in which there is a person with problems. This is important - previously we proceeded from the fact that there is a problem person and he needs help, and from this naturally The idea was to take this person and place him in some place where he would feel good or at least tolerant. The system itself was focused on stationary forms of social services, closed boarding schools, nursing homes, orphanages, etc. And now the law declares that a family needs help if in this family there is a disabled person, a child, a situation of violence, a person who abuses something, etc. After all, if there is an alcoholic or drug addict in the family, he himself may think that he is fine and does not need any help, while children or other family members suffer. Now they are also recognized as needing social services and have the right to count on receiving assistance.

What is interesting about the new law and, in my opinion, is a hidden “bookmark”? In accordance with Article 14, the basis for considering the issue of providing social services is the application of the citizen himself (this is understandable - the citizen declares: “I need to receive social services, I need it!”) or the application of other citizens in his interests. In fact, this is not such a rare situation. People said: “We see that our neighbor (distant relative) is in a very difficult situation, but for some reason he doesn’t come forward himself/he doesn’t have the strength to get there,” etc. Previously, in general, such people could fall out of the social protection system, but now nothing prevents them from being included there. Theoretically, even before such citizens should have been tracked and looked after, but, nevertheless, this system did not work (“Let him come himself!”). And now there is a direct indication of the law that you can come to the social security agency and say: “A grandmother lives in our building. I think she feels very bad. Please investigate this situation and take action."

Social services are only voluntary

It must be said right away that there were panicky statements that the law on social services thus introduces some kind of “juvenile justice” - some kind of totalitarian technologies to introduce the state into families, personal life citizens, etc. We must clearly understand that this is not so. The law clearly states that the condition for receiving social services is voluntariness. Of course, if social protection authorities come to a family and ask a person: “Do you need social services, do you need help?”, and he says: “No,” then that’s where it all ends. A person can refuse social assistance, and this is his full right. However, from the practice of our social work, we know that there are people who find it difficult to ask. By various reasons- both psychologically and due to their state of health, their intellectual abilities... Now the law directly makes it possible, on the one hand, to help such people find contact with social services, but on the other hand, I repeat, human rights are still protected.

We discussed among ourselves the question - to what extent can the state and society allow a person, roughly speaking, to die? Still, we came to the conclusion that a person can completely refuse any help, even if he really needs it, and society does not have the right to provide this help by force (unless we touch on the issue of minors and the incompetent). But an aware person can say that he does not need it, and we can, unfortunately, only observe this.

This is the sad part. The good part is that you can ask a person for help and, if a question arises, the person can say that he needs help.

I repeat that simply the lack of income or means of subsistence, lack of housing, availability family conflict and so on - this is also the basis for receiving social services. You do not have to be a recognized disabled person, a veteran or anything else, have a diagnosis, etc., to receive social services. If you feel that you or your family need social support simply because you cannot find a place in society, you have the right to go to the social security office and ask for it. The social protection authority has the right to refuse social services if it sees that a person does not need it. Accordingly, this refusal can be appealed in court (and no one has denied this right administratively either).

Nguyen Linh, lawyer of the Regional Public Organization “Perspective”: In fact, I didn’t notice any administrative procedure for challenging it; there is no directly superior body that would be responsible for this.

Yes, I agree. The fact is that, both due to the constitutional distribution of powers, and according to this law, organizations at the level of social services are the competence of the level of the subject of the federation, and therefore, theoretically, you will not rise above the regional level of the Ministry of Social Protection - the federal ministry will not consider complaints that are not regional .

Nguyen Linh: That is, a single commission will be created in each subject of the federation that will consider these issues?

Each subject already has an authorized social protection body.

Nguyen Linh: Precisely on the consideration of such claims?

The situation is such that, despite the fact that the law says “Decisions can be appealed in court,” I know from practice that higher authorities still supervise lower ones and, if you are refused in your area, it makes sense to complain to region, and no one refuses such complaints for formal reasons.

Individual program for a recipient of social services

What is an individual program for a recipient of social services? The forms of this document have been approved. Just in case, to be completely clear, I will explain (this was not the case before, but now it is): each recipient of social services must have an individual program for the recipient of social services. These are not individual rehabilitation programs for disabled people - IPRs have been and remain the same. This is not a PMPK conclusion or an individual education plan that is drawn up for some children as part of the educational process. This is a new document that will look similar - there will also be a list of events that need to be received, and a list of suppliers - performers that the recipient can contact. This includes social services, and this is a separate document drawn up by the social protection authorities.

What social services should be included in the program, which is called the not very euphonious acronym IPSSU? (in general, in the future, when writing laws, it will be necessary to think through abbreviations that would sound harmonious and understandable). The law divides social services into the following main categories:

1. Social and household. This is what we primarily associate with care: help with cooking, cleaning the room, looking after children, repairs, etc.
2. Social and medical – aimed at maintaining health, sanitary and hygienic measures and similar assistance. This should not be confused with medical rehabilitation of a disabled person or with receiving medical care in general. In addition to medical care, people may need social services that do not constitute treatment or rehabilitation as such (for example, medical care).
3. Socio-psychological – psychological correction of a person’s condition or behavior. I would like to stop here, because when people read this, they often say: “Oh, socio-psychological help! Better help financially! A person has nothing to eat, nowhere to sleep, and you say it’s psychological.”
   Unfortunately, experience shows that this is not the case. Often people come who are in a very difficult, depressed psychological state, which does not allow them to find themselves in life or build their own system of life, no matter how much you help them financially. We work most often with families who have children with developmental disabilities, and I can say that the difference between families who are already engaged in some center, with whom specialists work, and “unreached” families who are just appearing in the field vision, cardinal. If the family receives some correction, sees some result of working with the child, sees that they are not forgotten, not indifferent, then the family has hope, a path appears. Then medical, household, financial aid begins to have an effect. And when a person is obviously depressed and depressed, then nothing helps him.
4. Social and pedagogical. This applies more to children.
5. Social and labor. This is helping adults in their careers (I accidentally heard that there will be a webinar specifically dedicated to career guidance, this is also very important!).
6. Social and legal. Receiving assistance in providing legal services. Maybe I'm subjective, but it seems to me that this is also very important - for many families, social issues a heavy burden of legal problems is imposed. And not only related to the fact that people do not know what benefits to receive, etc., but problems that are not related to the social sphere itself - with obtaining housing, with placing on the queue for receiving housing services, with various loans, with inheritance matters, with family law disputes, divorces, etc. The burden of lingering legal problems also aggravates social ill-being. Sometimes the very fact that a person has gotten rid of long-standing matters allows him to breathe a little and get out of the impasse. For example, a question from practice: I know two young disabled people who seemed to have left the boarding school and began to live independently, but, nevertheless, this independent life What is hindering in one case is that relatives illegally seized the apartment and it is necessary to win it back, and in another case, the fact that the relatives disappeared without a trace, but are listed in the apartment, and it is necessary to recognize them as missing and register an inheritance, and at the same time a large unfair debt is accrued behind public utilities... It would seem that this has nothing to do with social services and has nothing to do with the issue of disability. However, these situations put pressure and do not give people the opportunity to decide on their lives, make plans, etc. As soon as these legal problems begin to be resolved, this helps a lot - there is immediately certainty with housing, and with debts, etc.
7. Services to improve communication potential.
8. Urgent social services. This is provided for the case when our listeners think in advance: “How long and difficult this is all. While they are drawing up a program, while they are filling out all the documents, while they are deciding...” However, there are urgent social services that you can ask for “right now.” Of course, this is for emergencies. Free food, temporary housing, emergency legal and psychological assistance - in principle, it can be obtained right now, even before drawing up an individual program.

Avoid “footballing”

In my opinion, it is also important to talk about another “bookmark” that was made into the law and which does not work very well yet, but theoretically can greatly change our system. This is Article 22, which states that, if necessary, citizens are provided with “assistance in obtaining medical, psychological, pedagogical, legal, and social assistance not related to social services (social support).” Social support is carried out through interdepartmental interaction.

What is meant? In my opinion, this allows a person to avoid the so-called “footballing”. Let's say he comes to the social services authorities and says: “I need social services!” They say to him: “You didn’t bring a certificate of income!” He replies: “But I can’t get it!” “Not our problem!” Then he must say: “Help me assist in obtaining this certificate!” That is, a person comes and says: “I have a problem with the ground...”, “There are people parking and honking under my window...”, or rats, or something else. Social protection authorities respond: “But this is not in our competence, we are not the ones doing this!” “Help me, I can’t handle this problem on my own!” - says the man. And social protection authorities, theoretically, in accordance with the new law, should provide assistance to a person in obtaining assistance that is not social, but which he needs.

I think that social protection authorities themselves do not yet really understand how to provide assistance. But it depends on us that they start doing something: if demands and requests go in this direction, then, accordingly, something will begin to change. And interdepartmental cooperation, which is prescribed in the law, will begin to work. For example, a social security agency will call the management company and say: “Our client has a problem, he complains to us and asks us to provide assistance. Please sort it out!”

Therefore, now, for this system to work, I highly recommend and even ask everyone who considers themselves to be in need of social assistance to go and ask for everything. Ask for all the services you need and assistance in obtaining everything that is not included in these services. Naturally, what is difficult for you, but really necessary for organizing your life. Often those things that a person is supposed to do on his own turn out to be difficult and difficult to achieve for the recipient of social services.

What are the social services?

What exactly is included in social services? As I have already said, the organization of social services falls within the competence of the subject of the federation. Accordingly, a list of specific social services that can be provided within the framework of social services is provided normative act subject. These entities approved lists of social services. For example, in Moscow, in order No. 1069 “On approval of tariffs for the provision of social services” we read: social services: assistance in cooking, assistance in eating, assistance in purchasing goods, assistance in organizing repairs, dry cleaning, delivery books/newspapers, short-term child care, etc.; social and medical services; socio-psychological services (providing psychological assistance); social and legal services (receipt of benefits), etc. The lists have been approved at the level of Moscow and the Moscow region (No. 18рв110), they are open on the website of the relevant departments.

You need to carefully study the list and do not forget that in obtaining everything that is not included there, social protection authorities must provide you with assistance (and you must ask for this assistance).

What else is very important to understand? These lists, approved at the level of the federal subject, are not closed. The subject can change this list, add some services there or, conversely, remove unclaimed ones. Now this list has been compiled on the basis of what the social protection authorities have at their disposal, but what this list will become depends on us. If we see that some social service is needed, but it is not on the list, then we need to declare it, write about it, ask for it at the level of our subject, and it is quite possible that it will be added to the list.

For example, I can say that an extremely needed service is assistance in accompanying children to and from school or to kindergarten and from kindergarten. Do you understand why this is important? If we are talking about children with disabilities, then very often a school or kindergarten that is convenient to study in is not located near your home. For a healthy child, you can usually find a kindergarten, school, or leisure center near your home, but for a special child this is often a big problem– for example, there is a center in which good classes, but at the other end of Moscow. As a result, the parent is forced to take time off work to transport the child to classes. Or, if a working parent has the slightest difficulty at work, then the entire rehabilitation process is disrupted. This is very important for Moscow, because... long distances and traffic jams. In the Moscow region it is even more relevant, they may say: “There is no school in your city, take it to the neighboring one.” For other subjects, something else may be relevant.

Forms of social services

We must also remember that social services can be provided in three different forms: 1) in stationary, when a person is placed in a boarding school for a day and night or for five days, temporarily or permanently, 2) in semi-stationary, when a person comes to an organization (such an organization can be, first of all, a social service center or the same boarding school), and then leaves, 3) at home, when employees of a social service organization come to a person’s home. The law does not stipulate this directly, but - at least at the level of instructions, at the policy level it was spelled out in discussions - general concept The law is such that we try to provide help at home, in the family, and help in inpatient social service institutions is an extreme situation when it is not possible to organize help at home.

Of course, there is a queue to get into boarding schools and nursing homes, but, nevertheless, you can still hear the phrase “Send it to a boarding school.” Social security authorities cannot pronounce it. You have to say, “No, we want to try it at home.” And vice versa, even if the family wants to “throw” the problem into a boarding school, social protection authorities should theoretically fight and try to convince the family to leave the person at home. We understand that often people go to a boarding school simply because they do not receive help at home. It needs to be organized.

Social services in non-governmental organizations

The law provides for two main forms of participation of non-state, independent social service providers. Firstly, if the state sees that for some social services that should be provided and which are available in the individual programs of recipients of social services, there are no organizations that would provide them, then it has the right to order the provision of these services within the framework of the state order , from non-governmental organizations. This is expressly provided for in the law. President V.V. Putin recently spoke about the need to involve socially significant non-profit organizations in solving problems of state policy in the social sphere. Generally speaking, this should be a good indication for local authorities, a reason for solving problems that meet both the interests of recipients of social services and politics. This means that now the mayor or official of the subject cannot say: “It would be nice, but we don’t have it,” because now such a statement is followed by a logical answer: “No, so order it!” You must order! Order from state system, if not in the state.

For example, our Center for Curative Pedagogy began with a group of parents who were told: “There is nothing for your children.” It turned out that it is actually possible to create something for these children if there is a desire. And if the existing law had been in force when all this was being created, then the state would have been obliged to order these services, for example, from our center.

In addition to the government order, we have one more form. A person who wishes to receive social services can directly contact a non-state social service provider and receive social services there. Moreover, if, in accordance with the law, social services must be provided to this citizen free of charge or with partial payment, then this independent non-state provider can receive compensation from the state for its lost income.

It is clear that this can also be considered as a “bookmark” in the law, because it allows any group of people who need to receive social services to get together and say to themselves: “We don’t really like something, how the state, suppose, provides social services at home - nurse services, short-term childcare, patronage - all this is somehow formal, rude, ineffective. Why don’t we create our own social service provider who will provide us with social services in the quality and mode that we like?” And the state will pay them appropriate compensation. On the one hand, this can improve the quality of the services themselves. On the other hand, this may push the state to make social services more attractive to recipients, so that recipients of social services do not leave the state system along with their money.

How much does it cost?

Let's move on to the next, most interesting, question. How much? What are the rates? The law states that social services are received free of charge by 1) children (minor citizens) and 2) low-income citizens whose average income does not exceed the amount established by the subject. Methods for calculating income have been approved. One of the problems that I have encountered is that people have difficulty collecting documents and certificates confirming their income in order to obtain the right to social services. In my opinion, if the problem of receiving social services is that you cannot prove the level of your income, then this is exactly the situation in which you should ask the social protection authorities to assist you in obtaining the missing information (that is, social support). The refusal option “we cannot provide you with social services because you are so helpless that you cannot collect the required package of documents” no longer works - if a person cannot collect documents in order to receive social services, then the social protection authorities owe him help with this.

If it turns out that the income per member of your family exceeds the level established by the subject, then services are provided for a fee in accordance with the tariffs approved by the state, but no more than half the difference between your income and the established minimum. It is clear that in each specific case you need to consider what is the maximum amount that you can pay for social services and above which the benefit should go.

As for tariffs. These are not only the tariffs at which those who receive them for a fee must pay for services, but also the amount that is paid by the state to providers of social services who received less income when providing services to beneficiaries. These tariffs are also approved by the subject. For now, I have to admit that, unfortunately, the subjects with whom we work - Moscow and the Moscow region - have approached this formally. Moscow approached not only formally, but also with humor - it approved the procedure for setting tariffs (that is, how the tariff should be calculated), a very large document, which contains detailed, complex formulas, including cost, expenses for maintaining the premises, for paying staff, for rate of return, for depreciation, for equipment, etc. and so on. And then she adopted the following resolution, in which she approved all tariffs in the amount of 315 rubles per hour. For everything - any social service costs 315 rubles per hour. We understand that this can hardly be considered economically justified - it is unlikely that the services of a lawyer, a psychologist, and a nanny cost the same 315 rubles per hour. Most likely, Moscow simply took the approximate total number of recipients of social services and its budget allocated for social services, divided one by the other and came up with this figure. The Moscow region did approximately the same thing - in my opinion, they got 420 rubles per hour.

Question: But maybe a fixed total amount is even simpler for the recipient of services, it will be easier to calculate than using a complex formula?

No, according to the formula for calculating the tariff, the supplier must calculate this, and the recipient must be charged the amount: “My service costs this much.” The problem is that the social service provider, from the legislator’s point of view, cannot take this amount “out of the blue” - the amount must be economically justified. It is clear that for calculations, of course, it is easier to introduce a fixed tariff. But, since this tariff is not economically justified, it will slow down the operation of the system itself. Tariffs are approved for a year, and I hope that the authorities of at least some constituent entities can show prudence and, having made sure that tariffs do not work, move on to more realistic regulation. The legislator does not bind any subject a certain model tariff. It would be logical, for example, to set different rates for government and independent suppliers, because independent suppliers have more overhead and associated problems, and government suppliers do not pay rent (or pay preferential rent) or are otherwise indirectly financed...

If this system starts to work and, on the one hand, independent suppliers talk about the discrepancy between tariffs and real economic costs, and, on the other hand, citizens themselves raise the question of the inadequacy of tariffs (“it is impossible to get real help at these tariffs”), then, They will probably be revised. Since citizens are limited to a fixed amount, which depends on their income (i.e. they cannot pay more), then tariffs may have to be changed upward, and this will benefit everyone - both suppliers and citizens.

Register of social service providers

Question: Once again about the non-state system that will be formed. Let's say I am a consumer of social services. I signed up for an individual program for the provision of social services, where the services that will be provided to me are prescribed. I know that there is an organization that provides the services I need, prescribed in my program. Can I just go there and get services? Or does this organization have to meet some special requirements?

This important question. Indeed, the law provides, and the subjects have already developed regulation: if an organization claims to be a provider of social services and, accordingly, to receive government funding in one form or another, then it must be included in the register of providers of social services. These registers are approved at the level of each subject. To be included in such a register, an organization must provide a large package of documents. In my opinion, this set of requirements for the organization is quite burdensome - a lot of information must be provided (information about certain checks, information about everything personnel composition), disclose the financial situation on the site, determine the list of services, etc. In theory, the register of social service providers should be accessible to everyone on the Internet, both by name and by type of service. Therefore, any recipient of social services can see which organizations in his region provide the social services that he has in his program, choose from the list of providers the one that is convenient for him, and get help there. Ideally this is true.

I can tell you that the Moscow Region has posted a register of suppliers on its website - in a not very convenient form, but let’s not quibble. But so far only government organizations are included in this register. As for Moscow, I regularly look at the corresponding section, and until recently it was written “Section under development.” That is, the Moscow register of suppliers is not yet available, although 4 months have already passed and during this time it would be possible to try to create one and at least include government suppliers there. Dear listeners from other regions, look at these registries on the websites of your social protection authorities and tell us (and Perspective and the Center for Curative Pedagogy) how things are in your region: are there registries, do they have independent suppliers, and is it possible get help from them. This would be useful information.

I would also like to hope that this year, when the law is being tested, it will be possible to generalize the experience of different subjects - in which subject the law works well, and in which - not so much. There are subjects in which it is sometimes possible to achieve good results. For example, I know that in Karelia there were sometimes successful social experiments. And if we see positive experience in one of the subjects, then the role of the community is to convey this experience to other subjects and show how the system can work effectively.

Agreement

Nguyen Linh: I would also like to mention that, with the exception of urgent ones, a contract must now be concluded for the provision of social services.

Absolutely right. Now the procedure is this: you receive an individual program for the recipient of social services from the social protection authorities, with this program you go to the provider of your choice, present the program to him, and on the same day he concludes with you an agreement on the provision of social services, which stipulates your rights and duties, and begins its execution. The supplier is obliged to conclude such an agreement, the approximate form of the agreement has been approved, there is nothing special there. In principle, this could also be a good step forward, because in boarding schools, for example, there was such a problem: people did not have a contract in their hands, due to which they did not really understand their rights, to the point that they did not know how to properly is the name of the organization in which they are located, and what is its official address. Having a contract in hand increases the legal and, I would say, psychological security of the recipient of social services. With a contract, he can always see what is owed to him and with whom exactly he interacts, file a complaint or even go to court, etc. It often happens that a person does not understand with whom he is in a relationship. “I went to such and such a street to the office, and then they told me to go to Marya Ilyinichna on the next street. Marya Ilyinichna said that this was a question for Nikolai Fedorovich, and Nikolai Fedorovich said that you came to the wrong place, but you should go over there, around the corner...” And the person does not understand at all what organization he is in now and who is responsible for the decisions, which are accepted in relation to him. The presence of a written agreement should provide certainty and eliminate such “suspended” situations.

False interpretations

From the first negative consequences of the new law that became known to me from the moment it came into force. The authorities of the constituent entities often began to use the law as a kind of justification for themselves: “Previously, we provided you with social assistance for free, but now a new law has come into force and it will only be paid for” or “Previously, we provided you with assistance, but now in the new law there are no such recipients There is no help (or such services), so we won’t provide any more.” We must clearly understand that the law does not contain an exhaustive list, but directly states that the subject has the right to establish other categories of citizens who need to receive social services, and other types of social services that are needed. And if a subject used to do something, but now does not do it, this means that this is the will of the subject, this is not a law. Just as previously a subject could provide social assistance if he saw a need for it, so now he can, the law does not prevent this. If they tell you: “The smart guys in Moscow passed a law, now you won’t get anything!”, then know that in fact this is simply shifting responsibility from oneself to others.

For example, I know that in one region there were centers to help young mothers (how to cope with a baby, etc.), and they were now told that a new law had been adopted in which there was no such category of recipients and such services, and therefore these centers will be closed. But it is not the federal legislator, it is the subject who made such a decision! We must understand this clearly. Nothing prevented the subject from establishing such a category of persons in need of social services as young mothers by its regulatory act; nothing prevented it from establishing such social services and tariffs for them and allocating money for this. Either order these services from someone else, or pay for these services to non-governmental providers. If the subject did not do this, then it is his will. Accordingly, questions on this matter can be safely asked of local authorities, which have been elected - let’s not forget this - and must be held accountable for their decisions. Indeed, one can imagine that in different regions there are different situations - for example, somewhere there are small indigenous peoples and they need some kind of specific help; somewhere there are special natural conditions and you need special assistance people living in certain places, etc. The law does not prevent you from doing all this at all.

Answers on questions

In general, we have exhausted the main agenda, so I can answer those questions that were received earlier and those that are being received now.

Question: is it possible to receive a one-time social benefit for one-time work, major repairs or improvement of the living conditions of a person with a disability?

We immediately say that, of course, this is not in the list of social services, but nothing prevents social protection authorities from providing assistance in a different way. For example, in the form of providing financial assistance in accordance with the law. Therefore, if you need such help, then contact us, justify your needs, and they can provide it to you. Let's be fair to social protection authorities - it happens that they provide both material and organizational assistance. But in general, of course, the law on social protection is a little different.

Question: How can I enter the register of providers if we provide assisted living services, but do not meet the requirements for an inpatient facility?

Apparently, if you are not a stationary institution, then you must declare that you provide the service in a semi-stationary form. It's actually quite interest Ask. Now a demanded service is emerging - organizing independent living for young disabled people outside boarding schools, teaching them how to organize their daily life, supporting and accompanying them. I think it should be considered a semi-permanent service. Accordingly, you can apply for inclusion in the register - in my opinion, there are no prohibitive requirements for inclusion in the register.

Question: how will the necessary paid social assistance be provided if the recipient does not have the means to pay?

So it sounded bad to me. If you do not have funds, that is, if your average per capita income is less than the minimum established by the subject, then in this case you will receive help for free. If your income is above the minimum, but not much, then you will pay no more than half the difference between your income and the minimum. Therefore, from the point of view of the law, the situation “I need social services, but I don’t have the funds” should not exist.

Question: how to get on the register of social service providers?

The register of suppliers is formed by an authorized body - the local social protection authority. This is where you need to apply for inclusion in the register. Regulations on maintaining a register of suppliers have been approved in Moscow and the Moscow region, and I think that in other regions too. Accordingly, you need to find a regulatory legal act that establishes the procedure for creating the register, and see what documents need to be submitted for inclusion there. I can say that the Center for Curative Pedagogy is now preparing documents for inclusion in the register. We will let you know when it is enabled.

Question: Some services have become several times more expensive. If a disabled person lives alone, and in the first group his pension is higher than the subsistence level, then he will have to pay many times more. How is this controlled?

As I said, tariffs are indeed set by the entity, just like preferential categories. I am ready to agree that perhaps the subject can establish separate benefits, for example, for disabled people living alone, because they naturally have higher costs. But, if a single disabled person has a large pension that exceeds the established minimum, then yes, he will pay, but, I repeat, no more than half the difference between the minimum and the pension. It may turn out to be more than it was before, yes.

Nguyen Linh: I would like to clarify that this is not the subsistence minimum that is established by region, this is a different, special minimum for determining the need for social services. As far as I know, in Moscow it exceeds two subsistence minimums.

Question: how can a citizen living in a boarding school choose social service providers? Can he, using this right, demand a transfer to another boarding school? For example, in the Nizhny Novgorod region the number of such transfers is limited to three.

Of course, services in a stationary form are the same services as in any other form. Accordingly, a person has the right to choose a service provider from those available in the subject, and the law cannot limit this. However, the law explicitly states that a social service provider may refuse social services if there are no available places. Therefore, according to federal law, you have the right to choose any boarding school, but only if there are free places there.

Question: what to do if the supplier has calculated the cost of his service, and it is significantly higher - since the quality is also higher - than that of government suppliers?

This is a really painful question - what should an independent provider of social services do if the real cost of a social service and even its cost is much higher than the state-approved tariff? I think that now the only chance is to simply point out this problem to the state. The law does provide that tariffs are approved and, accordingly, compensation should be in the amount of the approved tariffs. If the tariff is very small, but your service is in demand (there are parents who need it), then contact local authorities and say that this service is needed, that a tariff is needed and suppliers are needed. Get some kind of reaction.

Any changes in a positive direction, especially in the field of social protection, occur only if there is some movement on the part of society. If you do not complain, then your territorial social security authority will think that everything is fine, everything is working great and there is no need to change anything. Even if we assume that you have a completely reasonable, conscientious and honest person responsible for social protection who sincerely cares about the cause, it doesn’t matter - if he doesn’t see complaints, doesn’t see any appeals, then he thinks that everything is fine. But if he sees that people are complaining that there is a service, that it is not provided, that the tariff is small, then he will begin to act and somehow solve this problem. If a person is not very conscientious, then even more so - only complaints and the threat of losing his place or becoming the subject of litigation can motivate him to change. Nothing will happen on its own.

The question flashed that supposedly, in order to be included in the register, some requirements are presented to the organization... Now, at least in Moscow and the Moscow region, no special requirements are presented to organizations for inclusion in the register (availability of medical workers, etc.). Inclusion in the register is of a notification nature. Indeed, in the Moscow register it is strangely written: “It is necessary to provide information about the applicant’s work experience over the last 5 years.” But nothing prevents you from writing “the applicant has only existed for 3 years” or “over the last 5 years we have only worked for 2 months” - there are no grounds for refusing inclusion in the register of suppliers for this reason in the regulations, at least in Moscow. In my opinion, even those who do not have five years of work experience should apply to the register and write: “We don’t have five years yet, we are joining in order to earn these five years.” And if they refuse on this basis, then let’s try to appeal it, because in such an interpretation the law contradicts at least the law on restricting competition and, in general, the general principles of legislation.

In the same way, if we're talking about that in order to be included in the registry, an organization is required to have medical workers or something else - I’m willing to bet that these were all oral conversations. It is unlikely that any organization was given a written refusal that said, for example, “we are not including you in the register because you do not have a health worker on staff.” If you are faced with a written refusal to include an organization in the register, contact us - the Center for Curative Pedagogy. We are very interested in such facts, we will think about how to overcome it. But if you are faced with oral conversations and verbal red tape, then this is a completely different matter - this is not a legal issue, but a political and psychological one. Put pressure on them, demand inclusion in the register, demand a written refusal.

Question: can social protection institutions provide children with disabilities, including disabled children, paid services at the request of their parents in the event that the number free services the child has already received the provisions required by regional legislation this year? This question faces many rehabilitation centers. Unfortunately, the Social Security Department does not have a clear position.

I believe that since the law states that the individual program of the recipient of social services provides, among other things, the volume and frequency of these services, then we must clearly say that if we are talking about the volume of services that is provided for by the individual program ( for example, two classes per month for a year), then these two classes per month should be free for a year. And no excuses like “yes, you have it written, but we have a quota” or something like that can work. If we are talking about some services that are additional to those that are already in your program (for example, not two, but three or four classes), then I see no obstacles to their being provided for a fee on the basis of a separate agreements. Services, I repeat, that are not included in the individual program.

The law does not establish any clear limitation on the scope of services. It says that the service must comply with the standard, and the service standard must provide for the scope of its performance, but it seems to me that it is correct to interpret this in such a way that the service standard can provide for a minimum volume (for example, short-term childcare or cooking is no less than than some), but not the maximum. If you feel that your individual program includes too few or too few services, ask for an increase to the level you really need. The child receives what is specified in the individual program free of charge, without question. If little is written, demand an increase in the volume of the program. They cannot have a formal obstacle to this, but an obstacle such as “you are not alone”, “we have few rates”, “few places”, etc. - not legal, but practical, everyday. I will say right away that if there are constant complaints that there are not enough rates, not enough teachers, not enough premises, etc., then, perhaps, over time, new rates and new premises will appear. If there are no complaints, they (rates and premises) will only dry out, because in light of the financial crisis and the government’s course on optimization, this is the quite natural logic of an official: “Everything is working, there are no complaints - we’ll reduce it by 10%!” They cut it. Oops, again - everything works, no complaints! Great! Another 10%." And in this way he will press until the complaints begin. When they go, it will raise by 10%. It is natural for an official to find the minimum, and you should not help him with this. Let him know about the maximum, about real needs.

Question: “provide assistance” is a rather vague formulation. For example, some officials say that “a social and legal service is a service in itself, and we can only direct, and should not provide anything ourselves.” Hence the question: won’t it turn out that the social protection authorities will not want to understand the full scope of legal assistance provided by our organization, the Center for Clinical Practice, Perspektiva and others? If we apply to the registry, the cost of the service will be minimal - we will receive very modest money for the provision of this service, and a lot of people will be sent to us. How do you see a way out of this situation?

Yes I agree. But, firstly, very modest money is still better than no money. Nowadays, public organizations provide quite a lot of legal assistance to parents without receiving any money from the state at all, and if you receive at least modest money, then that’s something. On the other hand, indeed, the list of social services includes both assistance in preparing documents, the result of which should be the execution of a document, and assistance in obtaining legal assistance, that is, assistance in obtaining assistance. In this case, the result of the service should not be that the person received help from the social protection authorities, but that he received help somewhere else, where the social protection authority took him by the hand. But in any case, the result should be getting help. For example, I know that in one region the social protection authorities simply entered into an agreement with a law firm (this is precisely an order): they simply bring their clients to this law firm, and the firm provides assistance. This is in the Moscow region. And in St. Petersburg, in my opinion, there is one too. I don’t know how well this works, but I know these facts - when a person comes with a legal problem, and a social security official picks up the phone and says: “Dear lawyer, our client will come to you now.” And the help is free.

On the other hand, the law states that the supplier provides assistance only to the extent of the available space available to him. Therefore, if a lot of people are sent to you, for whom you have to write applications for pennies, then at some point you will say that you no longer have free places. And then these people, whose individual program says “assistance in paperwork,” will be refused (due to the fact that you do not have free places). And they will have to come and complain and say: “Where can we get our service?” This means that your organization will need to allocate funding to cover everyone. Or create other centers. That's the only way things will change.

Question: is it true that the individual program of the recipient of social services is drawn up by the social protection authorities?

Yes, social protection authorities themselves formulate the program. That is why we need to convince them. It is better to go to the social security authority to form an IPSSU with recommendations, with expert opinions, with some clear considerations about how much help you need, what help you need, from the ITU bodies, from the specialists who supervise you, etc. d. And if there are poorly developed individual programs, then it is necessary to appeal the fact of their preparation. Now this is a very fashionable topic, and I assure you that if cases of appealing the volume of the IPSSU reach us, we will be very helpful in this. Because here it is necessary to change policy, it is necessary to form judicial practice - people who have individual programs that do not suit them must go to the courts so that the courts express their opinion on this matter. If the courts fix a position, then this position will become practice. In the meantime, social protection authorities draw up programs according to their own understanding, without being guided by anything, then, of course, they are inclined to do everything more modestly.

Social services included in the individual program for the provision of social services (IPPS) can be received from both state, so do non-state suppliers. You can choose any supplier listed in the register of suppliers in the region (the register should be posted on the website of the social protection authority). The authorized body indicates recommended suppliers in the IPSSU. However, the citizen is not bound by the recommendations of the IPSSU. He has the right to contact any supplier from the registry for services corresponding to the IPPSU. To the selected social service provider - a social service organization or individual entrepreneur presented to IPPSU. If there are free places, an agreement on the provision of social services is concluded between the supplier and the citizen. The contract is concluded within 24 hours from the date the citizen provides the IPPSU to the social service provider.

In order to provide emergency assistance, urgent social services are provided within the time frame determined by the need of the recipient of social services, without drawing up an individual program and without concluding an agreement on the provision of social services. The social service provider draws up an act on the provision of services, which indicates the types of urgent social services provided, the terms, date and conditions of their provision. The act is signed by the recipient of the services.

approved by the Ministry of Labor and Social Protection of the Russian Federation approximate orders provision of social services at home, in semi-stationary and inpatient settings. Regions are developed based on them own orders provision of social services. You can find them on the websites of regional social protection authorities. For example, the city of Moscow has approved the following procedure for the provision of social services.

IPPSU

An individual program for the provision of social services (IPPS) is provided no later than within 10 days from the date a citizen submits an application for the provision of social services.

IPPSU validity period: the validity period of the IPSSU corresponds to the period for the provision of social services (the IPSSU indicates the start date of the provision of services and the end date of their provision).

If the needs of a citizen have changed during the period of validity of the IPPSU, then it can be revised upon the application of the citizen to the authorized body. IPSSU must be revised by the authorized body in depending on changes in the citizen’s need for social services, but at least once every three years. Those. The initiator of the review can be not only the citizen himself, but also the social service provider, if he identifies a change in the citizen’s need for social services, and the authorized body after three years from the date of compilation of the IPSS. The revision of the individual program is carried out taking into account the results of the implemented individual program.

IPSSU is of a recommendatory nature for a citizen or his legal representative, and mandatory for a social service provider. This means that a citizen can refuse to comply with the IPPSU, and the provider included in the register of social service providers is obliged to provide social services provided for by the IPPSU.

The supplier may refuse to conclude an agreement for the provision of social services in accordance with the IPPSU only in two cases:

1) lack of available places at the social service provider;

2) if a citizen has medical contraindications for the provision of social services in an inpatient form of social services - when applying for social services in an inpatient form. Refusal on this basis is possible if there is a medical report.

If the family moved to another region, The IPPS compiled at the previous place of residence remains valid within the scope of the list of social services established in the constituent entity of the Russian Federation at the new place of residence. The IPPSU is valid until the expiration of the terms established in it for the provision of social services, or until the preparation of an individual program for a new place of residence.

1. Last name, first name, patronymic (if available)

4. Residence address:

5. Work address:

6. Series, passport number or data of another identification document, date of issue of these documents, name of the issuing authority

7. Address Email(in the presence of) .

8. An individual program for the provision of social services has been developed for the first time, repeatedly (underline as appropriate) for a period of up to:

9. Form of social service: stationary

10. Types of social services:

I. Social and household

II. Socio-medical

III. Socio-psychological

IV. Social and pedagogical

V. Social and labor

VI. Socio-legal

VII. Services to improve the communication potential of recipients
social services for those with disabilities,
including disabled children

Notes:

1. The volume of provision of social services is indicated with the appropriate unit of measurement (for example, m 2, piece, place, set) in cases where the volume can be determined by units of measurement.

2. When filling out the column “service provision period”, indicate the start date of the provision of the social service and its end date.

3. When filling out the “completion note” column, the social service provider makes an entry: “fulfilled,” “partially fulfilled,” “not fulfilled” (indicating the reason).

11. Conditions for the provision of social services:

(the necessary conditions are indicated,

which must be observed by the social service provider when providing social services, taking into account the form

social services)

13. Refusal of social services, social services:

14. Social support measures:

A person authorized to sign an individual program for the provision of social services of an authorized body of a constituent entity of the Russian Federation

M.P.
CONCLUSION

on the implementation of an individual program for the provision of social services

Individual program for the provision of social services
fully (not fully) implemented (underline as appropriate).

Evaluation of the results of the implementation of an individual program for the provision of social and social services: .

Evaluation of the results of the implementation of an individual program for the provision of socio-medical social services: .

Evaluation of the results of the implementation of an individual program for the provision of socio-psychological social services: .

Evaluation of the results of the implementation of an individual program for the provision of socio-pedagogical social services: .

Evaluation of the results of the implementation of an individual program for the provision of social and labor social services: .

Evaluation of the results of the implementation of an individual program for the provision of socio-legal social services: .

Evaluation of the results of the implementation of an individual program for the provision of services in order to increase the communication potential of recipients of social services with disabilities, including disabled children

Evaluation of the results of the implementation of an individual program for the provision of social support measures: .

Note: The assessment of results is indicated on the basis of an analysis of the implementation of an individual program for the provision of social services in relation to improving living conditions and (or) expanding the ability of the recipient of social services to independently provide for their basic life needs.

1 Recipient – ​​parent, guardian, trustee, other legal representative of minor children.

Order of the DSZN of Moscow dated December 30, 2014 N 1171

In order to prepare for the entry into force Federal Law dated December 28, 2013 N 442-FZ “On the basics of social services for citizens in the Russian Federation” (hereinafter referred to as Federal Law N 442-FZ) and resolution of the Moscow Government dated December 26, 2014 N 829-PP “On social services for citizens in the city of Moscow "(hereinafter referred to as Moscow Government Resolution No. 829-PP) I order:

1. The departments of social protection of the population of the administrative districts of the city of Moscow, social service organizations subordinate to the Department of Social Protection of the Population of the City of Moscow, ensure compliance with the requirement of Part 2 of Article 35 of Federal Law N 442-FZ, according to which for recipients of social services who have the right to receive social services arose before December 31, 2014 inclusive, the conditions for the provision of social services from January 1, 2015 cannot be worsened compared to the conditions established as of December 31, 2014.

2. Approve:

2.1. Application form for the provision of social services (Appendix 1).

2.2. Form of the journal for registering applications for the provision of social services (Appendix 2).

2.3. The form of the act of material and living inspection of the living conditions of recipients of social services (Appendix 3).

2.4. The form of the decision of the department of social protection of the population of the administrative district of the city of Moscow on recognition as in need of social services (Appendix 4).

2.5. Form of an individual program for the provision of social services (Appendix 5).

2.6. The form of an individual schedule for the provision of social services in the form of social services at home (Appendix 6).

2.9. Form of an agreement on the provision of social services (Appendix 9).

2.10. Form of the act on the provision of urgent social services (Appendix 10).

2.11. Application form for refusal of social services (Appendix 11).

3. The departments of social protection of the population of the administrative districts of the city of Moscow, social service organizations subordinate to the Department of Social Protection of the Population of the City of Moscow, ensure, by April 1, 2015, the preparation of draft individual programs for the provision of social services to recipients of social services accepted for social services before December 31, 2014 year inclusive.

4. The departments of social protection of the population of the administrative districts of the city of Moscow, together with social service organizations subordinate to the Department of Social Protection of the Population of the City of Moscow, shall, by May 1, 2015, ensure:

1) signing individual programs for the provision of social services;

2) sending second copies of individual programs for the provision of social services to recipients of social services.

5. The Department of Social Services Organization (Keller P.A.), taking into account Appendix 9 to this order, by January 12, 2015, prepare and send to the departments of social protection of the population of the administrative districts of the city of Moscow, social service organizations subordinate to the Department of Social Protection of the Population of the City of Moscow , the form of the acceptance certificate of social services provided according to the forms of social services.

6. Empower the social protection departments of the administrative districts of the city of Moscow with powers to:

1) making decisions on recognizing a citizen as in need of social services;

2) signing an individual program for the provision of social services;

3) making decisions on refusal of social services;

4) issuance of a duplicate of the individual program for the provision of social services.

7. The revision of the individual program for the provision of social services is carried out at the request of the recipient of social services in a manner similar to the preparation of a new draft of the individual program for the provision of social services.

8. In relation to recipients of social services who are provided with social services in the form of social services at home and (or) in a semi-stationary form from January 1, 2015, unless otherwise established by the legislation of the Russian Federation, the calculation of the monthly fee for social services is established in accordance with parts 1 and 2 of Article 32 of Federal Law N 442-FZ and Decree of the Moscow Government N 829-PP.

9. I reserve control over the execution of this order.

Head of the Department V.A. Petrosyan

Appendix 1 to the order of the Department of Social Protection of the Population of the City of Moscow dated December 30, 2014 N 1171

Appendix 2 to the order of the Department of Social Protection of the Population of the City of Moscow dated December 30, 2014 N 1171

FORM FOR REGISTRATION OF APPLICATIONS FOR PROVISION OF SOCIAL SERVICES

Appendix 3 to the order of the Department of Social Protection of the Population of the City of Moscow dated December 30, 2014 N 1171

Appendix 4 to the order of the Department of Social Protection of the Population of the City of Moscow dated December 30, 2014 N 1171

Appendix 5 to the order of the Department of Social Protection of the Population of the City of Moscow dated December 30, 2014 N 1171

I. Social and household

II. Socio-medical

III. Socio-psychological

IV. Social and pedagogical

V. Social and labor

VI. Socio-legal

VII. Services to increase the communicative potential of recipients of social services with disabilities, including disabled children

13. Refusal of social services, social services:

14. Social support measures:

Appendix 6 to the order of the Department of Social Protection of the Population of the City of Moscow dated December 30, 2014 N 1171

Appendix 7 to the order of the Department of Social Protection of the Population of the City of Moscow dated December 30, 2014 N 1171

METHODOLOGICAL RECOMMENDATIONS FOR DRAFTING AN INDIVIDUAL PROGRAM FOR PROVIDING SOCIAL SERVICES

I. General provisions

1. An individual program for the provision of social services (hereinafter - the Program) in accordance with Part 1 of Article 16 of the Federal Law of December 28, 2013 N 442-FZ "On the fundamentals of social services for citizens in the Russian Federation" (hereinafter - the Federal Law) is a document in which indicates the form of social services, types, volume, frequency, conditions, terms for the provision of social services, a list of recommended providers of social services, as well as social support measures carried out in accordance with Article 22 of the Federal Law.

2. The program is drawn up based on the citizen’s need for social services, and is revised depending on changes in this need, but at least once every three years. The revision of the Program is carried out taking into account the results of the implemented individual program.

The program can be revised upon the application of a citizen or his legal representative for the provision of social services or an appeal in his interests from other citizens, an appeal government agencies, local governments, public associations.

Federal law does not provide for refusal to accept an application for revision of the Program.

3. The program for a citizen or his legal representative is advisory in nature, and mandatory for a social service provider.

4. The form of the Program is approved by the authorized federal executive body in the field of social protection of the population. The program is compiled in the form of a single document in two copies. The first copy of the Program, signed by an authorized official of the Moscow Department of Social Protection of the Population, is transferred to the citizen or his legal representative within no more than ten working days from the date of submission of the citizen’s application for the provision of social services. The second copy of the individual program remains with the authorized body of the constituent entity of the Russian Federation.

5. If the place of residence of the recipient of social services changes, the individual program drawn up at the previous place of residence remains valid within the scope of the list of social services at the new place of residence.

6. In case of loss of the Program, the desire of the recipient of social services to change the list, volume, terms of provision of social services at the request of the recipient is drawn up new program in the manner prescribed by Federal Law.

7. The Program is terminated due to the death of the recipient of social services, recognition of him as dead or missing, or in the event of a refusal of the recipient of social services for social services within five working days from the date of submission of the application.

8. The entry into force of a court decision declaring a recipient of social services incompetent or partially capable does not terminate the Program. At the request of the guardian, appropriate changes may be made to the Program.

II. The procedure for organizing work on drafting the Program

9. The preparation of the draft Program is preceded by the Commission for Assessing Individual Need for Social Services (hereinafter referred to as the Commission) visiting the applicant’s home for the purpose of interviewing (if possible) and drawing up a report on the inspection of material, living and social living conditions. Taking into account the state of health, the applicant’s participation in the drafting of the program is mandatory. The opinion of close relatives may be taken into account solely in the interests of the applicant.

The commission is formed by order of the head of the territorial social service center with the mandatory involvement of public associations and veteran organizations.

The assessment of individual need for social services is carried out by the Commission within five days from the date of application regarding the need to provide the applicant with social services, with the exception of urgent social services provided immediately in accordance with the established procedure.

10. Individual needs assessment includes:

1) determination of living conditions, marital status of the client;

2) studying the possibility of the client performing various types of life activities independently;

3) determining the degree of individual need of the client for the provision of social services;

4) determining the duration (permanent, temporary, one-time), conditions (free, paid) for the provision of social services;

5) determination of types of social services.

11. When determining individual need for social services, the following socio-economic factors are taken into account: problems associated with social environmental factors, including Family status, the presence or absence of close relatives obligated in accordance with the law to provide assistance and care, the remoteness of their residence, housing and economic problems, psychosocial and other circumstances.

12. Depending on the existing limitations in life activity, the applicant may be provided with social services at home, in a stationary and semi-stationary form due to the limitation of the ability for self-care and (or) independent movement.

The indication for social care at home is limited self-care or the ability to self-care on a regular basis with the help of others, using assistive technology if necessary.

Indications for social services at home by stationary social service institutions are limited self-care or inability to self-care, the need for constant outside help and complete dependence on other persons.

The indication for the provision of social services in a semi-stationary form in a day care department (hereinafter referred to as the DCU) is the preservation of the ability for self-care and active movement of elderly citizens and people with disabilities, and minors in difficult life situations.

13. Identification based on an individual assessment of the need for home-based services in the absence of an established disability group does not prevent the acceptance of the appropriate form for social services.

14. Depending on whether a citizen has close relatives who are obliged, in accordance with current legislation, to support and care for their disabled relatives in need of help, the order of priority for admission to social services and the participation of close relatives in the provision of social services, including their payment, is established. .

The classification of persons into the category of close relatives who are obliged to support and care for their disabled relatives in need of help is regulated by the legislation of the Russian Federation.

III. Features of filling out the draft Program

15. Points 1-3, 6 of the draft Program are filled out in accordance with the passport of a citizen of the Russian Federation or other identification document.

16. Clause 5 of the draft Program is completed in the case where the applicant is in an employment relationship with a legal entity of any organizational and legal form or an individual entrepreneur.

18. Clause 9 of the draft Program is filled out based on the typology of forms of social services provided for by Federal Law N 442-FZ of December 28, 2013 “On the basics of social services for citizens in the Russian Federation.”

19. The central place in the Program is paragraph 10 - here a list of social services is formulated by type of social services for which need has been established. The name of the social service must be indicated in strict accordance with established legislation.

With regard to the scope of service provision, one should be guided by the provisions of the standard for the provision of social services.

The frequency of the provision of social services must be recorded very specifically, indicating the time range and day of provision of the social service, and in the case where, due to the position of the applicant or other reasons, this is impossible, indicate the frequency detail in the individual weekly care plan.

The period for providing the service is indicated taking into account the time standards for the provision of social services approved by the Department of Social Protection of the City of Moscow.

The section “Note on the completion of social services” is filled in upon the expiration of the Program or when it is revised.

21. Paragraph 12 of the Program is completed based on the need to implement the principle of maximum proximity of the social service organization to the applicant’s place of residence.

22. When filling out paragraph 13 of the Program, it should be taken into account that refusal of social services terminates the individual program only in relation to the corresponding social service organization. Federal law does not prohibit an applicant from applying for the development of a new Program after an unlimited period of time.

23. When filling out paragraph 14 of the Program:

the type of social support is indicated in accordance with Article 22 of the Federal Law;

“recipients of social support” means the recipient of social services himself, his parents, guardians, trustees, and other representatives of minor children.

Appendix 8 to the order of the Department of Social Protection of the Population of the City of Moscow dated December 30, 2014 N 1171

METHODOLOGICAL RECOMMENDATIONS FOR CONCLUSION, AMENDMENT AND TERMINATION OF CONTRACTS ON THE PROVISION OF SOCIAL SERVICES

I. General provisions

1. Social services are provided to a citizen on the basis of an agreement on the provision of social services (hereinafter referred to as the Agreement), concluded between the provider of social services and the citizen or his legal representative, within 24 hours from the date of submission of the individual program for the provision of social services to the provider of social services.

2. The essential terms of the Agreement are the provisions determined by the individual program, as well as the cost of social services if they are provided for a fee or partial payment.

3. Relations related to the execution of the Agreement are regulated in accordance with the legislation of the Russian Federation, primarily Chapter 39 of the Civil Code of the Russian Federation.

4. An agreement is subject to conclusion when providing social services at home, in a stationary and semi-stationary form (for example, day care units).

II. The procedure for concluding, executing, amending and terminating the Agreement

5. The draft Agreement is drawn up by the territorial center of social services (hereinafter referred to as TCSO) on the basis of an approximate form of an agreement on the provision of social services, approved by the authorized federal executive body in the field of social protection of the population. The specified form is exemplary, therefore additional, specific provisions in the Agreement may be present by agreement of the parties.

6. The draft agreement is drawn up after the signing of an individual program for the provision of social services (hereinafter referred to as the Program) by an authorized official of the department of social protection of the population of the city of Moscow.

7. A single agreement on the provision of social services is concluded with the client. The program is an integral part of the Agreement. On behalf of TCSO, the contract is concluded by the director or head of a branch of TCSO, and on the client’s side - by the client himself or by a legal representative or other legally competent person authorized by a power of attorney.

8. Before concluding the Agreement, TCSO is obliged to provide the client with information containing the following information:

information about the location (legal address) of the TCSO branch and contact numbers of the quality control service for the provision of social services;

certificate of inclusion in the register of social service providers;

list of basic and additional social services;

information about the standards of provision, the procedure for providing social services, tariffs for these services.

A corresponding entry is made in the Agreement regarding familiarization with the information that the contractor is obliged to provide to the client.

9. At the request of the client when concluding the Agreement, TCSO is obliged to provide:

charter registered in the prescribed manner, regulations on the branch;

forms sample contracts on the provision of social services;

standards for the provision of social services, approved in accordance with the established procedure.

1) payment for services provided within 10 days after the expiration of the reporting month;

2) about the duration of the contract, equal to the duration of the Program.

11. The agreement is concluded in two copies. The first copy remains with the client, the second copy is stored in the TCSO (social service provider).

12. Every month, the client and the TCSO sign an acceptance certificate for the social services provided under the Agreement (both free and paid).

13. TCSO ensures accounting of concluded, executed, terminated Agreements, as well as accounting of social services provided under them. The specified accounting must be coupled with the relevant Programs.

14. Amendments to the Agreement are carried out solely due to a significant change in legislation at the initiative of TCSO or at the initiative of the client, his legal representative. Changes are formalized by drawing up a single document in two copies, which is an integral part of it.

15. Termination of the Agreement is carried out according to mutual consent parties or at the initiative of the recipient of social services, his legal representative. Termination of the Agreement is formalized by drawing up a single document in two copies, which is an integral part of it.

Appendix 9 to the order of the Department of Social Protection of the Population of the City of Moscow dated December 30, 2014 N 1171

6. The contractor is obliged:

a) provide Services to the Customer in accordance with the individual program, this Agreement and the procedure for the provision of social services approved by the authorized government body;

b) provide free of charge in an accessible form to the Customer (the Customer’s legal representative) information about his rights and obligations, about the types of Services that are provided to the Customer, the timing, procedure and conditions for their provision, about the tariffs for these Services, their cost for the Customer or about the possibility receiving them for free;

c) use information about the Customer in accordance with the requirements for the protection of personal data established by the legislation of the Russian Federation on personal data;

d) provide the Customer with the opportunity to freely visit his legal representatives, lawyers, notaries, representatives of public and (or) other organizations, clergy, as well as relatives and other persons during the day and evening;

e) ensure the safety of the Customer’s personal belongings and valuables;

f) promptly inform the Customer in writing about changes in the procedure and conditions for the provision of Services provided in accordance with this Agreement, as well as their payment;

g) keep records of the Services provided to the Customer in the prescribed manner;

h) perform other duties in accordance with the norms of current legislation.

7. The performer has the right:

a) refuse to provide Services to the Customer if he violates the terms of this Agreement, as well as if the Customer receiving Services in the inpatient form of social services has medical contraindications specified in the conclusion of the authorized medical organization;

b) demand from the Customer compliance with the terms of this Agreement, as well as compliance with internal regulations for recipients of social services;

c) receive from the Customer information (information, documents) necessary to fulfill its obligations under this Agreement. If the Customer fails to provide or incompletely provides such information (information, documents), the Contractor has the right to suspend the fulfillment of its obligations under this Agreement until the required information (information, documents) is provided;

d) unilaterally change the amount of payment for Services established in Section III of this Agreement in the event of a change in the average per capita income of the Customer and (or) the maximum per capita income established by the law of a constituent entity of the Russian Federation, notifying the Customer in writing within two days from the date of such changes.

8. The Contractor has no right to transfer the fulfillment of obligations under this Agreement to third parties.

9. The Customer (legal representative of the Customer) is obliged to:

a) comply with the terms and conditions of this Agreement;

b) present in accordance with regulations legal acts subject of the Russian Federation, information and documents necessary for the provision of Services, provided for by the procedure for the provision of social services, approved by the authorized government body, as well as information and documents for calculating the average per capita income for the provision of social services free of charge in order to implement the Federal Law "On the Fundamentals of Social Services for Citizens in Russian Federation" in accordance with the Rules for determining the average per capita income for the provision of social services free of charge, approved by Decree of the Government of the Russian Federation of October 18, 2014 N 1075 (Collected Legislation of the Russian Federation, 2014, N 43, Art. 5910);

c) promptly inform the Contractor about changes in circumstances that determine the need for the provision of Services that affect the amount of average per capita income for the provision of social services free of charge in order to implement the Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation”;

d) pay for the Services in a timely manner in the amount and on the terms provided for in this Agreement;

e) inform the Contractor in writing about the occurrence (change) of circumstances entailing a change (termination) of this Agreement;

f) notify the Contractor in writing of the refusal to receive the Services provided for in this Agreement;

g) comply with the procedure for the provision of social services, corresponding to the form of social services, as well as internal regulations for recipients of social services;

h) inform the Contractor about identified violations of the procedure for the provision of social services approved by the authorized government body.

10. The Customer (legal representative of the Customer) has the right:

a) respectful and humane treatment;

b) to receive free information in an accessible form about their rights and obligations, the types of Services that will be provided to the Customer in accordance with the individual program, the terms, procedure and conditions for their provision, the tariffs for these Services, their cost for the Customer;

c) to refuse to provide Services;

d) to protect their rights and legitimate interests in accordance with the legislation of the Russian Federation;

e) to ensure conditions of stay in social service organizations that meet sanitary and hygienic requirements, as well as proper care;

f) free visits by legal representatives, lawyers, notaries, representatives of public and (or) other organizations, clergy, as well as relatives and other persons during the day and evening;

g) to protect your personal data when used by the Contractor;

h) for the safety of the Customer’s personal belongings and valuables when they are with the Contractor;

i) demand termination of this Agreement if the Contractor violates the terms of this Agreement.

Appendix 10 to the order of the Department of Social Protection of the Population of the City of Moscow dated December 30, 2014 N 1171

Appendix 11 to the order of the Department of Social Protection of the Population of the City of Moscow dated December 30, 2014 N 1171

Posted by Lizaveta Sun, 04/23/2017 - 00:00

Description:

An individual program for the provision of social services (IPPS) is a document that specifies the form of social services, types, volume, frequency, conditions, terms for the provision of social services, a list of recommended providers of social services, as well as social support measures. It is compiled by the Social Protection authorities at the place of residence upon personal application from the service consumer or his legal representative (for example, the parent of a disabled child).

Publication date:

21/04/17

Individual program for the provision of social services (IPSSU) is a document that specifies the form of social services, types, volume, frequency, conditions, terms for the provision of social services, a list of recommended providers of social services, as well as social support activities. It is compiled by the Social Protection authorities at the place of residence upon personal application from the service consumer or his legal representative (for example, the parent of a disabled child).

IPSSU is compiled based on the citizen’s need for social services, and is revised depending on changes in this need, but at least once every three years. The revision of the individual program is carried out taking into account the results of the implemented individual program.

Forms of social services

Federal Law “On the Basics of Social Services for Citizens in the Russian Federation” (Article 19) defines the following forms of social services:

1. Social services are provided to their recipients in the form of social services at home, or in a semi-stationary form, or in a stationary form.
2. Social services in semi-permanent forms are provided to their recipients by a social service organization at a certain time of day.
3. Social services in stationary forms are provided to their recipients for permanent, temporary (for a period determined by the individual program) or five-day (per week) round-the-clock residence in a social service organization. Recipients of social services in a stationary form are provided with residential premises, as well as premises for the provision of social services.
4. When providing social services in a semi-permanent form or in a stationary form must be provided opportunity escort recipient of social services when moving on the territory of the social service organization, and also when using the services provided by such an organization.

Types of services:

Federal Law of December 28, 2013 No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation” provides for the following types of social services:

1. social and domestic, aimed at maintaining the life of recipients of social services in everyday life;
2. social and medical, aimed at maintaining and preserving the health of recipients of social services by organizing care, providing assistance in carrying out health-improving activities, systematically monitoring recipients of social services to identify deviations in their health;
3. socio-psychological, providing assistance in correction psychological state recipients of social services for adaptation to the social environment, including the provision of psychological assistance anonymously using a helpline;
4. socio-pedagogical, aimed at preventing deviations in behavior and personality development of recipients of social services, developing their positive interests (including in the field of leisure), organizing their leisure time, providing assistance to families in raising children;
5. social and labor aimed at providing assistance in finding employment and solving other problems