⭐ ⭐ ⭐ ⭐ ⭐ Legal topics are very complex, but in this article, we will try to answer the question “Benefits for housing and communal services are provided to disabled people and veterans if they are not homeowners.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.
- Law of the Russian Federation of January 15, 1993 No. 4301-I “On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory”;
- Federal Law of January 9, 1997 No. 5-FZ “On the provision of social guarantees to Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory”;
- Federal Law dated January 12, 1995 No. 5-FZ “On Veterans”;
- Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation”;
- Law of the Russian Federation of May 15, 1991 No. 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”;
- Decree of the Government of the Russian Federation dated 02.08.2005 No. 475 “On providing members of the families of deceased (deceased) military personnel and employees of some federal executive bodies with compensation payments in connection with the costs of paying for residential premises, utilities and other types of services”;
- Decree of the Government of the Russian Federation dated October 26, 2020 No. 963 “On providing compensation for expenses for living quarters, heating and lighting for teaching staff, managers, deputy managers, and heads of structural divisions.”
How to evict a person from an apartment if he is not registered in it
The question is whether it is possible to apply Article 5 of the Introductory Law in the Housing Code of the Russian Federation “To housing relations that arose before the entry into force of the Housing Code of the Russian Federation, the Housing Code of the Russian Federation applies to those rights and obligations that arise after its entry into force, with the exception of cases provided for by this Federal Law. " to this situation. And is it possible to appeal the court decision regarding the application of Part 3 of Art. 80 of the Housing Code of the Russian Federation, since according to the Housing Code of the RSFSR » Article 61. A person is recognized as having lost the right to use residential premises due to the absence of this person beyond the established time limits, carried out in court. » There was no confession in court.
Benefits for housing and communal services are provided to disabled people and veterans if they are not homeowners
The document provides for the obligation of homeowners to finance repair work, determines who is entitled to benefits, when it is necessary to pay contributions for major repairs, which is included in the concept of major repairs, and gives the right to legislators at the regional level to expand the list of works and set minimum tariffs.
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If the application is submitted in the second half of the month, then housing and communal services compensation for pensioners is issued in the next month.
- The validity period of the decision is six months. Then the procedure is repeated.
- The subsidy can also be applied for at the multifunctional center at the place of registration, which will make the process easier for many older people.
- An alternative form of submitting an application is to send documents by post with notification or through the official portal of government services.
- Will the mother-in-law continue to have benefits for housing and communal services if she is not the owner of the apartment?
- A large family owns the apartment but is not registered. What are the benefits for housing and communal services?
- Are housing and communal services benefits withdrawn if a veteran is registered but is not the owner?
- If a disabled person is registered in the apartment, but is not the owner, are there any benefits for housing and communal services?
- Housing and communal services benefits
- Housing and communal services home owner
- Benefits for apartment owners
- Payment of housing and communal services by owners
- Benefits for housing and communal services
A person who, without the grounds established by law, other legal acts or transaction, acquired or saved property (acquirer) at the expense of another person (victim), is obliged to return to the latter the unjustly acquired or saved property (unjust enrichment), except for the cases provided for in Article 1109 of this Code .
in this case, the victim at the expense of whom the unjust enrichment of the former owner of the apartment was carried out is not you, but the body at the expense of which part of the payment for utilities and housing services was compensated in the form of a subsidy. You could file a claim for unjust enrichment against the former owner if he actually lived there after the sale and was not just registered. Registration could be the basis for penalties if such were provided for in the commercial agreement (for example, the seller is obliged to register no later than a month after the transfer of rights - otherwise a fine in the amount of.). If this condition is not in the contract and the person does not live in this apartment, you can only send information about receiving benefits to the person who pays subsidies to this person
Are there housing and communal services benefits for disabled people who are not owners?
Benefits for disabled people for housing and communal services Hello, My parents are disabled people of group 2, registered alone in a privatized apartment. Five years ago they executed a deed of gift for this apartment in my name. I became the owner, but am not registered in this apartment. Receipts for housing and communal services continue to arrive throughout these five years, taking into account 50% of benefits for the disabled. Is this correct, and if not, can I be forced to pay extra for housing and communal services for all these years? The property tax for this apartment comes from the tax office annually in my name, I pay it. Irina
Benefits for paying for housing and utilities are provided for pensioners with a certain status (WWII veteran, disability, etc.). The procedure for providing benefits to pensioners with this status is established by regulations of the constituent entities of the Russian Federation and depends on the region. The same documents establish a list of categories of persons to whom such benefits will be provided.
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To obtain housing under this agreement, you must submit a corresponding application to the local government authority at your place of residence, and you must attach documents to the application, the list of which is better to find out from the administration itself, since the requirements for documents in different regions may vary significantly. The application and attached documents will be reviewed by members of the housing commission no later than one month. The response will be provided in writing.
Denis Volnov, lawyer and managing partner of Sdelky.ru, answers:
Provided that the amount of payment for utilities is more than 22% of your and your husband’s total income (your pensions), you can receive a subsidy for the payment of housing and communal services. In addition, in a number of regions there are local benefits for utility bills (for example, in Moscow this share of income is 10%). To receive a subsidy, you need to have no debts on utility bills and be registered in the apartment. Ownership of the grant will not be affected.
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There are certain features that regulate the removal from an apartment for which the privatization procedure has been completed. If privatization was carried out by the spouses together, and the relatives of the former spouse took part in this process, then it is impossible to remove the non-owner from the apartment. If they refused a share in the apartment, that is, decided to give up the share for the sake of living, then the court cannot decide in favor of their discharge. You can change your apartment, but you will need the consent of your former relatives. Without it, no actions can be taken with housing.
Housing and communal services benefits for disabled people of groups 1, 2, 3 in Moscow in 2020
Social support is provided for the most part in the form of subsidies and discounts (reimbursement of expenses) on utility bills. Its “volumes” for the constituent entities of the Russian Federation may differ, since in fact the size of the same discount or possible subsidy is adjusted at the regional level. As is customary, housing and communal services benefits for disabled people are provided without taking into account standards, for the entire living space occupied by them, based on the services consumed.
Some features of writing an application for reimbursement of expenses for housing and communal services
Benefits in housing and communal services are special social support measures that are provided at the federal and regional level to less protected categories of citizens. This includes people with disabilities. The legal basis for benefits for people with disabilities is based on the norms of the Federal Law of the Russian Federation No. 181 of November 24, 1995.
At the same time, regional authorities can completely exempt such families from paying for water, electricity, gas, sewerage and central heating. In the absence of the latter, such families are compensated for fuel costs.
This year utility tariffs will increase twice. The first increase has already occurred at the beginning of the year, the second is expected in June. This is due, among other things, to an increase in the VAT (value added tax) rate. The first indexation of 1.7% was carried out on January 1, and from June 1, tariffs will increase by 2.4%.
Contributions for major repairs
Citizens over 80 years of age are exempt from contributions for major repairs, and pensioners from 70 to 79 years old pay only half of the contribution. Disabled war veterans, disabled people of groups I and II are given a 50% discount.
- Payment of 50% of the total cost of housing and communal services, subject to living in state property.
- Payment of 50% of the fee for major home repairs. Half of the cost spent for major repairs will be returned.
How to evict a disabled person from an apartment if he is registered in it
Federal Law of January 12, 1995 N 5-FZ “On Veterans” (as amended on November 18, 1998, January 2, May 4, December 27, 2000, August 8, December 30, 2001, July 25, November 27, December 24, 2002, May 6, December 23, 2003) Article 14. Social protection measures for war invalids
payment in the amount of 50 percent of the occupied total area of residential premises (in communal apartments - occupied living space) within the limits of the social norm, established by the legislation of the constituent entity of the Russian Federation, including family members of war invalids living with them. Housing benefits are provided to persons living in houses regardless of the type of housing stock; 9) payment in the amount of 50 percent of utility services (water supply, sewerage, removal of household and other waste, gas, electricity and heat - within the limits of consumption standards for these services established by local governments); telephone subscription fee, services for the use of radio and collective television antenna; war invalids living in houses without central heating - fuel purchased within the limits established for sale to the public, and transport services for the delivery of this fuel. Providing fuel to war invalids is a priority. Benefits for paying for these services are provided regardless of the type of housing stock; Article 15. Social protection measures for participants of the Great Patriotic War Article 22. Social protection measures for labor veterans 6) payment in the amount of 50 percent of the occupied total area of residential premises (in communal apartments - occupied living space) within the social norm for housing area established by the legislation of the Russian constituent entity Federation. Housing benefits are provided to persons living in residential premises in the housing stock, regardless of the form of ownership, and apply to disabled family members of a labor veteran who live with him, are fully supported by him or receive assistance from him, which is permanent for them and main source of livelihood;
Benefits for housing and communal services
Benefits for housing and communal services and subsidies are not the same thing. A benefit is a discount on the payment of housing and utilities, a subsidy is compensation for part of the cost of housing and communal services. The benefit is assigned to a citizen for a long time, for example, until the youngest child from a large family turns 16 or 18 years old, or for life to a veteran, war invalid and other categories. But the subsidy is given for only six months, then documents for it must be submitted again.
What will you learn
The amount of benefits and compensation for rear workers is determined by the region. Moscow, St. Petersburg and most regions compensate half the cost of utilities and housing if it is rented from the state.
So, can pensioners be exempt from paying for housing and communal services? A 100% exemption from payments for pensioners predicts complications in the activities of public utilities, which may not receive the funding necessary for uninterrupted operation. There is a proposal not to cancel pensioners’ payments for housing and communal services, but to introduce monetization of this benefit.
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What new benefit will be given to group III disabled people?
If the register does not contain the relevant information, people with disabilities will still be able to take advantage of the right to free parking by presenting paper documents.
Holders of disability groups 1 and 2 can enter any municipal educational institution, higher vocational education and secondary vocational education without competition. Moreover, any disabled person has the right to a scholarship.
But for this, half (or more) of the employees must be with disabilities, and on average, of the total salaries, 25% or more must be spent on paying for their activities.
Disabled persons of group 2 are persons who have a minor deviation in the functioning of their body. Such deviations include a serious illness or consequences of a serious injury, or significant damage that appeared during childbirth.
Citizens of this category are exempt from paying insurance premiums and do not pay a registration fee if they decide to register as an individual entrepreneur. In addition, they are also exempt from transport tax if the car is specially equipped for a disabled driver and its power does not exceed 100 horsepower.
For those who have group 3, 2843.13 rubles per month are provided. The presence of a dependent increases this amount to 4,738.55 rubles. The more dependents, the higher the pension (6633.97 rubles and 8529.39 rubles - the latter amount is issued for three dependents).
Applying for disability is a complex process. As practice shows, even after its completion, not all people know about the benefits provided. We have collected information about what benefits the state provides to a person with a disability.
In 2020 (from January 1), the monthly insurance pension accrued to disabled people of group 1 is equal to 11,372.50 rubles (without dependents). The pension changes upward if there is one dependent - 13,267.92 rubles, two - 15,163.34 rubles or three - 17,058.76 rubles.
RAA Law
Disabled people living in stationary social service institutions and wishing to obtain residential premises under a social tenancy agreement are subject to registration to improve their living conditions, regardless of the size of the occupied area and are provided with residential premises on an equal basis with other disabled people.
Free travel in public urban transport (however, except for taxis), and in public motor transport when a person with disabilities lives in rural areas. Once a year, travel to the patient’s desired treatment location is provided free of charge, and the return trip to home is also paid. The opportunity to purchase medications prescribed according to the prescription of attending physicians at discounts, as well as receive free dressings, as well as, if you have an ITU conclusion, medical products. Compensation in the amount of 50% of the cost of rent (if the housing is state or municipal), as well as compensation in the amount of 50% of the cost of utilities, provided that the ownership of the housing stock is not important in this case. Discount of up to half the price on electricity and telephone bills. Providing a discount (depending on the complexity of the product) when purchasing orthopedic shoes. A person with disabilities has the right to receive additional living space from the state, provided that his illness does not allow other family members to live comfortably with him (that is, either in the same room or in the same apartment). The right to priority provision of housing, provided that the person has been recognized in the appropriate manner as needing to improve the quality of current housing conditions, or he has the right to receive additional living space on the same basis. The right to free dental prosthetics (with the exception of dentures made of precious metals). The right to a benefit of 50% (exactly half) of the cost of notary services. Admission on a non-competitive basis to higher and secondary vocational educational institutions owned by the state will only be accepted on condition of positive (successful) passing. exams and compliance with the profile of the educational institution, that is, training should not be contraindicated by the medical certificate of the disabled person. If a disabled person is admitted and is studying at a state or municipal educational institution, then he is required to be awarded a scholarship and given free (or on preferential terms) special teaching aids.
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