Who draws up an individual program for the provision of social services. An approximate procedure for the provision of social services in the form of social services at home - Rossiyskaya Gazeta. Individual program of the recipient of social services

Social services included in the individual provision program social services(ISPSU) can be obtained from both state, so do non-state providers. You can choose any supplier specified in the register of suppliers of the region (the register must be posted on the website of the authority social protection population). The authorized body indicates the recommended suppliers in the ICPSU. However, the citizen is not bound by the IPSSU recommendations. He has the right to apply to any provider from the registry for the relevant IPSAS services. Selected social service provider - a social service organization or individual entrepreneur presented to the IPPSU. If there are vacancies, an agreement on the provision of social services is concluded between the provider and the citizen. The contract is concluded within 24 hours from the date of provision by the citizen of the IPPSU to the provider of social services.

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

The Ministry of Labor and Social Protection of the Russian Federation approved approximate orders provision of social services at home, in semi-stationary and in stationary conditions. Regions develop their own procedures for the provision of social services on their basis. You can find them on the websites of the regional social protection authorities. For example, in the city of Moscow, the following procedure for the provision of social services has been approved.

IPSU

An individual program for the provision of social services (IPPSS) 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 period of validity of the ICPSU corresponds to the period of provision of social services (the date of commencement of the provision of services and the date of completion of their provision are indicated in the ICPSU).

If the needs of a citizen have changed during the period of validity of the ICPSU, then it can be revised at the request of the citizen to the authorized body. The IPSP should be reviewed by the authorized body in depending on the change in the citizen's need for social services, but at least once every three years. Those. the initiator of the revision can be not only the citizen himself, but also the provider of social services, if it reveals a change in the citizen's need for social services, and the authorized body after three years from the date of the compilation of the IPSP. The revision of the individual program is carried out taking into account the results of the implemented individual program.

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

The provider may refuse to conclude a contract for the provision of social services in accordance with the IPSAS only in two cases:

1) lack of vacancies at the social service provider;

2) if a citizen has medical contraindications for the provision of social services in a stationary form of social service - when applying for social services in a stationary form. Refusal on this basis is possible in the presence of a medical certificate.

If the family moved to another region, IPSSU, drawn up at the former place of residence, remains valid in the scope of the list of social services established in the subject Russian Federation at a 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 an individual program is drawn up for a new place of residence.

Name of social service and form of social service

Service scope

Service frequency

Service provision term

mark about

implementation

II. Socio-medical

The name of the socio-medical service and the form of social service

Service scope

Periodicity

providing

Service provision term

mark about

implementation

III. Socio-psychological

Name

socio-psychological services and forms of social services

Service scope

Periodicity

providing

Service provision term

Completion mark

IV. Socio-pedagogical

The name of the socio-pedagogical service and the form of social service

Service scope

Periodicity

providing

Service provision term

Completion mark

V. Social and labor

Name

social and labor services and forms of social services

providing

Periodicity

providing

Service provision term

Completion mark

VI. Socio-legal

Name of social and legal service and form of social service

providing

Periodicity

service provision

Service provision term

mark about

implementation

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

Name of service and form of social service

Service scope

Frequency of provision

Delivery time

mark about

implementation

Notes:

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

1.1. When filling in the columns "name of social and domestic service", "name of social and medical service", "name of social and psychological service", "name of social and pedagogical service", "name of social and labor service", "name of social and legal service" , "name of service" the form of social service is also indicated.

2. When filling in the column "term for the provision of services", the date of commencement of the provision of social services and the date of its completion shall be indicated.

3. When filling in the "completion mark" column, the social service provider makes an entry: "completed", "partially fulfilled", "not fulfilled" (with an indication of the reason).

11. Conditions for the provision of social services: _______________________ (specified the necessary conditions, _________________________________________________________________________, which must be observed by the social service provider when providing social services, taking into account the form ____________________________________________________________________________. social services)

Name of social service provider

Address of the social service provider

Contact information of the social service provider (telephones, address

email, etc.)

13. Refusal of social services, social services:

Name of the form of social service, type of social service, social service that the recipient of social services refuses

Reasons for rejection

Date of rejection

Beneficiary Signature

I agree with the content of the individual program for the provision of social services _____________________________________ ________________________ (signature of the recipient of social services (signature decoding) of his legal representative ***) , signature) (signature transcript) M.P.

Conclusion on the implementation of an individual program for the provision of social services dated _______________ N ______________________

The individual program for the provision of social services has been fully (not completely) implemented (underline as appropriate).

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

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

Evaluation of the results of the implementation of the individual program for the provision of social support activities: ____________________________________.

Note: The assessment of the 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.

Recommendations:______________________________________________________. _______________________________________________ ___________________________ (signature of a person authorized (signature decoding) to sign an individual program for the provision of social services) "___" __________20___ M.P.

_____________________________

* Recipient - a parent, guardian, custodian, other legal representative of minor children.

** The organization providing social support puts a mark: “completed”, “partially fulfilled”, “not fulfilled” (with an indication of the reason).

*** Emphasize the status of the person who signed.

Individual program of the recipient of social services
The drawing up of an individual program is carried out by the committee of social protection of the population of the administration of the municipality "Vyborgsky district" Leningrad region based on the individual needs of the recipient of social services.

To determine the individual need for social services, an assessment is made of the living conditions of a citizen, as well as circumstances that worsen or may worsen his living conditions, which include:


  • complete or partial loss of the ability or ability to carry out self-care, move independently, provide for basic life necessities due to illness, injury, age or disability;

  • the presence in the family of a disabled person or disabled people, including a disabled child or disabled children in need of constant outside care;

  • the presence of a child or children (including those under guardianship, guardianship) experiencing difficulties in social adaptation;

  • inability to provide care (including temporary care) for a disabled person, a child, children, as well as the lack of care for them;

  • the presence of intra-family conflict, including with persons with drug or alcohol addiction, persons addicted to gambling, persons suffering from mental disorders, the presence of domestic violence;

  • the absence of a fixed place of residence, including for a person who has not reached the age of twenty-three and who has completed his stay in an organization for orphans and children left without parental care;

  • lack of work and livelihood

Documents required to recognize a citizen in need of social services:
For adult citizens:


  • personal statement signed by the applicant (authorized person);

  • consent of the citizen to the processing of personal data;

  • the passport; foreign passport (for foreign citizens and stateless persons permanently residing in the Russian Federation); refugee certificate; certificate of release from places of deprivation of liberty (for persons released from places of deprivation of liberty); other documents issued in accordance with the established procedure, proving the identity of a citizen (a copy with the presentation of the original);


  • certificate of disability and an individual rehabilitation program issued by federal agency medical and social expertise(for persons with disabilities);

  • documents confirming the existence of circumstances that worsen or may worsen the living conditions of a citizen in need of social services;

  • conclusion of a medical organization on the state of health of the recipient of social services and on the need to receive social and medical services with the volume of services provided, the frequency, and the period for providing services;


  • a certificate from local authorities or housing maintenance enterprises on the composition of the family, indicating the date of birth of each family member and kinship;

  • certificate of employment issued by the employer dated on the day of application;

  • certificate from the employment center on registration as unemployed

For minor citizens:


  • personal appeal of a minor; or a statement of the parents (legal representatives) of the minor; or treatment in the interests of a minor of other citizens, government agencies, local governments, public associations in the manner prescribed current legislation, namely:

  • solicitation official body or institution of the system for the prevention of neglect and juvenile delinquency;

  • decision of the person conducting the inquiry, investigator, prosecutor or judge in cases of detention, administrative arrest, detention, conviction to arrest, restriction of freedom, deprivation of liberty of parents or other legal representatives of a minor;

  • act of the operational duty officer of the district, city department (department) of internal affairs, department (department) of internal affairs of another municipality, the department (department) of internal affairs in transport on the need to admit a minor to a specialized institution for minors in need of social rehabilitation;

  • petition of local governments, public associations;

  • a certificate of the absence of medical contraindications established by federal law for recognition as in need of social services in a stationary form with temporary residence;

  • consent of a citizen to the processing of personal data in the form in accordance with Appendix 4 to this administrative regulation;

  • documents confirming the authority of a representative of state bodies, local governments, public associations or an authorized person;

  • documents confirming the existence of circumstances that worsen or may worsen the living conditions of a minor citizen in need of social services;

  • the conclusion of a medical organization on the state of health of a minor citizen in need of social services, and the need to receive social and medical services with the volume of services provided, the frequency, and the period for providing services.

The individual program of the recipient of social services is a document that indicates the form of social services, types, volume, frequency, conditions, terms for the provision of social services, a list of recommended social service providers, as well as social support measures.

An individual program for a citizen or his legal representative is advisory in nature, for a supplier it is mandatory.

The individual program is drawn up in two copies. A copy of the individual program, signed by the committee of social protection of the population, is transferred to the citizen or his legal representative (authorized person) within no more than ten working days from the date of registration of the citizen's application for the provision of social services. The second copy of the individual program remains in the body of social protection of the population.

In the event of a change in the place of residence of the recipient of social services, the individual program drawn up at the previous place of residence remains valid in the scope of the list of social services established in the constituent entity of the Russian Federation at the new place of residence until the individual program is drawn up at the new place of residence.

The recipient of social services must carefully read the list of social services, apply for them, since the individual program prescribes all the social services that the applicant needs (based on the submitted documents) and which will be provided to him by the social service provider. Social services will be provided only in the amount prescribed in the individual program for the provision of social services; at the request of the applicant (if there is no need), social services are not provided.

Appendix 5

to the administrative regulations for the provision in the territory

Leningrad region public service on

recognition of a citizen in need of social services,

(with the exception of recognizing a citizen as needy

in social services in a stationary form with permanent residence)

and drawing up an individual program for the provision of social services

BODY OF SOCIAL PROTECTION OF THE POPULATION ________________________________________________________________________

MUNICIPAL DISTRICT (CITY DISTRICT) OF LENINGRAD REGION
Individual program for the provision of social services
_____________________ №______________

(Date of preparation)


  1. Surname, name, patronymic (if any) _____________________________________________
__________________________________________________________________________

  1. Gender _______________ 3. Date of birth _______________________________________
4. Address of residence:

postal code _________________ city (district) _______________________________

village _____________________ street ________________________________ building No. _______

building ____________ apartment _________ telephone _________________________________

5. Address of the place of work:

postal code _________________ city (district) _________________________________

street _________________________ house _______ telephone ____________________________

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

_____________________________________________________________________________

7. Contact e-mail (if available) ______________________________________________

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

9. Form of social service _____________________________________________

10. Types of social services


  1. Social

№;

Name of social service

Service scope

Service frequency

Service provision term

Completion mark

II. Socio-medical


№;

Name of social

medical service






Service provision term

Completion mark

III. Socio-psychological


№;

Name of the socio-psychological service

Service volume per month

The frequency of the service.

Service provision term

Completion mark

IV. Socio-pedagogical


№;

Name of the socio-pedagogical service

Service volume per month

The frequency of the service.

Service provision term

Completion mark

V. Social and labor


№;

Name of social and labor service

Service volume per month

The frequency of the service.

Service provision term

Completion mark

VI. Socio-legal


№;

Name of social and legal service

Service volume per month

The frequency of the service.

Service provision term

Completion mark

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


№;

Name of service

Service volume per month

The frequency of the service.

Service provision term

Completion mark

Notes:

  1. The volume of social services provided is indicated with the appropriate unit of measurement (for example, m2, piece, place, set, etc.) in cases where the volume can be determined by units of measurement.

  2. When filling in the column "term for the provision of services", the date of commencement of the provision of social services and the date of its completion are indicated.

  3. When filling in the “completion mark” column, the social service provider makes a record: “completed”, “partially fulfilled”, “not fulfilled” (with an indication of the reason).

11. Conditions for the provision of social services 1: ____________________________________

( the social service provider indicates the necessary conditions that must be observed by the social service provider when providing social services, taking into account the form of social services) _________________________________________________

__________________________________________________________________
12. List of recommended social service providers:

13. Refusal of social services, social services:

14. Activities for social support:

(signature of the recipient of social services or (signature transcript)

his legal representative 4)


The person authorized to

signing an individual program

provision of social services

authorized body

subject of the Russian Federation

___________________________________ ____________________________

(position of the person, signature) (signature transcript)


M.P.

The recipient of social services has the right to comply with other conditions for the provision of social services in the forms of social services established by the legislation of the Russian Federation

Recipient of social services, parents, guardians, custodians, other legal representatives of minor children

The organization providing social support puts a mark: “completed”, “partially fulfilled”, “not fulfilled” (with an indication of the reason)

Emphasize the status of the signer

1 The recipient of social services has the right to comply with other conditions for the provision of social services in the forms of social services established by the legislation of the Russian Federation

2 Recipient of social services, parents, guardians, custodians, other legal representatives of minor children

3 The organization providing social support puts a mark: “completed”, “partially fulfilled”, “not fulfilled” (with an indication of the reason)

4 Emphasize the status of the signer

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

Description:

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

IPSP is compiled on the basis of the citizen's need for social services, is revised depending on the change 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 service

Federal Law "On the Fundamentals of Social Services for Citizens in the Russian Federation" (Article 19) defines the following forms of social service:

  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-stationary form are provided to their recipients by the social service organization at certain times of the day.
  3. Social services in stationary form are provided to their recipients for permanent, temporary (for a period determined by an 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 living quarters, as well as premises for the provision of social services.
  4. When providing social services in a semi-stationary form or in a stationary form must be provided opportunity escorts recipient of social services when moving on the territory of the social service organization, as well as when using the services provided by such an organization.

Services:

Federal Law No. 442-FZ dated December 28, 2013 “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 supporting the life of recipients of social services in everyday life;
  2. socio-medical, aimed at maintaining and preserving the health of recipients of social services through the organization of care, assistance in conducting recreational activities, systematic observation for recipients of social services to identify deviations in their health status;
  3. socio-psychological, providing assistance in correcting the psychological state of recipients of social services for adaptation in the social environment, including the provision of psychological assistance anonymously using a helpline;
  4. socio-pedagogical, aimed at preventing deviations in the behavior and development of the personality of recipients of social services, forming their positive interests (including in the field of leisure), organizing their leisure, assisting the family in raising children;
  5. social and labor, aimed at providing assistance in finding employment and in solving other problems

Four months have passed since the entry into force of the new law N 442-FZ "On the basics 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 using it in the regions has been obtained ... After the adoption of the law, Elena Zablotskis, lawyer of the legal group of the RBPO Center for Curative Pedagogics, has already commented on its possibilities and limitations. Pavel Kantor, lawyer of the legal group of the Center for Curative Pedagogy, told about what the first experience showed and how to actually launch the law in order to take full advantage of its positive potential at a webinar held on April 21 at the Web-school of the Regional Public Organization of People with Disabilities "Perspective".

When a new law on social services was being 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 a response : "Yes, we recognize criticism, but how to make it so that nothing changes?" Therefore, the result is a compromise. On the one hand, the new law can be read and applied in such a way that the existing state of affairs approximately 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 is a large degree of openness of the system: complaints and problems have always been associated with the fact that the system of social services, the residential system, is very closed. It remains very closed, but, nevertheless, information about social service providers is disclosed very widely, including on the Internet, communicated to everyone; the law stipulates that the lists of social services are open, the tariffs for social services are open, the access of non-state providers (this is a separate issue) is open.

In principle, even before, according to the old law, no state organizations theoretically, they could participate (and did participate) in social services for the population, but the new law fixed this for the first time - it fixed 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, it can be said that this is quite a commercial market - there are quite a lot of people working in the social services market. commercial organizations, and there is nothing strange or incomprehensible in this. The consideration of the system of social assistance as a kind of charity, public charity comes from the traditions of past centuries, when it was believed that everyone swims out 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 is profitable to provide (if everything is arranged normally). In theory, all this should benefit the recipients of services themselves (there is competition, choice, struggle for the recipient). Of course, for this, something needs to be done (we will talk about it).

From the major innovations of the new law, I see: 1) an attempt to “open up” the system, 2) an attempt to declare non-state social service providers 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 the disabled, 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 which category he belongs to, but depending on what he needs in his particular life situation. It would seem that the difference is not very great, but, in my opinion, this is a change in approach - instead of a category, go from a person.

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

So far (it's already April!) not a single person has reached me with a compiled program for the recipient of social services. What does it say? Or that everything works perfectly and people do not turn to crisis centers (which is very doubtful). Or that while the programs are not compiled and executed, and people have not yet comprehended the difficulties in compiling and obtaining individual programs. So now I'm thinking speculatively. I suspect that some time will pass and there will be appeals, disputes and conflicts over these programs, and then we will see which “points” in the new law do not work.

I already know some “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 interestingly, how? We moved away from the concept of “difficult life situation” and came to the conclusion that Article 15 states: “A citizen in need of social services is recognized if 1) he has lost the ability to independently fulfill his life needs, 2) he has disabled people in his family, children who need 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 - before we proceeded from the fact that there is a problematic person and he needs help, and from this the idea naturally flowed to take this person and place him in some place where he would feel good or at least bearable. The system itself was focused on stationary forms of social services, on closed boarding schools, nursing homes, orphanages, etc. And now the law declares that a family needs help if this family has 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 consider that he is well and does not need any help, while children or other family members suffer. Now they, too, are recognized as needing social services and are entitled to receive assistance.

What is interesting in 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 social services, I need it!”) Or the appeal 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 does not apply himself / he does not have the strength to walk,” 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 monitored and taken care of, 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 entrance. I think she is very sick. Please investigate this situation and take action."

Social services - only voluntarily

It must be said right away that there were panic statements that the law on social services thus introduces some kind of “juvenile justice” - some kind of totalitarian technologies for introducing the state into families, into the personal lives of 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 the social protection authorities come to the family and ask a person: “Do you need social services, do you need help?”, And he says: “No”, then it all ends there. 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. For various reasons - both psychologically and due to the state of health, their intellectual abilities ... Now the law directly provides an opportunity, 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 the question among ourselves - 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 (if we do not touch on the issue of minors and incapacitated people). But a person who is aware can say that he is not in need, and unfortunately we can only observe it.

This is the sad part. The good part is that you can ask a person for help and if a question comes up, the person can talk about needing help.

I repeat that simply the lack of income or livelihood, the lack of housing, the presence of a family conflict, and so on - this is also the basis for receiving social services. You do not have to be a recognized disabled person, veteran or otherwise, have a diagnosis, etc. to receive social services. If you feel that you or your family needs social support simply because you cannot settle in society, you have the right to go to the social security agency 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 to judicial order(And no one denied this right administratively either).

Nguyen Lin, lawyer of ROOI Perspektiva: In fact, I did not notice the administrative procedure for contesting there, there is no directly higher body that would be responsible for this.

Yes, I agree. The fact is that both by virtue of the constitutional distribution of powers, and according to this law, organizing the level of social services is 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 Lin: That is, a single commission will be created in each subject of the federation, which will consider these issues?

In each subject, there is already an authorized body for social protection.

Nguyen Linh: It is to deal with such claims?

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

Individual program of the recipient of social services

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

What social services should be included in the program, which is called the not very euphonious abbreviation of IPPSU? (in general, in the future, when writing laws, it will be necessary to think over 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, babysitting, repairing, etc.
  2. Socio-medical - aimed at maintaining health, sanitary and hygienic measures and similar assistance. This should not be confused with the medical rehabilitation of a disabled person and, in general, with obtaining medical care. In addition to medical care, people may need social services that are not, as such, treatment or rehabilitation (such as medical care).
  3. Socio-psychological - psychological correction of a person's state or behavior. I would like to stop here, because when people read this, they often say: “Oh, psychosocial help! Better help financially! A person has nothing to eat, nowhere to sleep, and you say, 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 that have children with developmental disabilities, and I can say that the difference between families that are already engaged in some center, with which specialists work, and "unreached" families that 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 help starts to take effect. And when a person is obviously oppressed and depressive, then nothing helps him.
  4. Socio-pedagogical. This is more about children.
  5. Social and labor. This is helping adults in their careers (I accidentally heard that there would be a webinar specifically dedicated to career guidance, this is also very important!).
  6. Socio-legal. Getting help to provide legal services. Maybe I am subjective, but it seems to me that this is also very important - for many families, a heavy burden of legal problems is superimposed on social issues. 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 actual social sphere– with obtaining housing, with placing on the waiting list for housing services, with various loans, with inheritance cases, with family law disputes, divorces, etc. The burden of dragging legal problems also exacerbates social ills. Sometimes the very fact that a person is freed from long-drawn-out cases 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 seem to have left the boarding school and began to live independently, but, nevertheless, this independent life is hindered in one case by the fact that relatives illegally seized the apartment and it is necessary to sue it back, and in another case, the fact that relatives disappeared without a trace, but are listed in the apartment, and it is necessary to recognize them as missing and issue an inheritance, and at the same time a large unfair debt has been accrued for 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 are pressing and do not give people the opportunity to decide on their lives, make plans, etc. As soon as these legal problems begin to be solved, it helps a lot - immediately there is 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 complicated it all is. Until they draw up a program, until they draw up all the documents, until they decide ... ”Nevertheless, 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, you can get it right now, even before drawing up an individual program.

Avoid "bumping"

In my opinion, it is also important to say about one more "bookmark" that was made into the law and which is not working very well yet, but theoretically can change our system very much. This is Article 22, which says that, if necessary, citizens are provided with "assistance in obtaining medical, psychological, pedagogical, legal, social assistance that is not related to social services (social support)". Social support is carried out through interdepartmental interaction.

What is meant? In my opinion, this makes it possible for a person to avoid the so-called "kicking off". Let's say he comes to the social services and says: "I need social services!" They say to him: “But you didn’t bring a certificate of income!” He replies, "But I can't get it!" "Not our problem!" Then he should say: “Give me assistance in obtaining this certificate!” That is, a person comes and says: “I have a problem with the ground ...”, “They park under my window and buzz ...”, or rats, or something else. The social protection authorities answer: “But this is not in our competence, we are not doing this!” “Help me, I can’t handle this problem myself!” the man says. And the bodies of social protection, theoretically, in accordance with the new law, should assist a person in obtaining assistance that is not social, but which he needs.

I think that the social protection authorities themselves do not yet 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 interaction, which is spelled out in the law, will begin to work. For example, the social security authority will call management company and say: “Our ward has a problem, he complains to us and asks us to help. Please sort it out!"

Therefore, now, in order for this system to work, I highly recommend and even ask everyone who considers themselves in need of social assistance to go and ask for everything. Ask for all the services you need and help you get anything that isn't included in those services. Naturally, what is difficult for you, but really necessary for the organization of life. Often, the things that a person is supposed to do themselves turn out to be difficult and difficult to achieve for the recipient of social services.

What are social services

What is included in social services? As I have already said, the organization of social services is within the competence of the subject of the federation. Accordingly, the list of specific social services that can be provided within the framework of social services is provided normative act subject. These subjects approved lists of social services. For example, in Moscow, in Order No. 1069 “On Approving Tariffs for the Provision of Social Services,” we read: social services: assistance in cooking, assistance in eating, assistance in buying goods, assistance in organizing repairs, putting things in dry cleaning, delivery books/newspapers, short-term babysitting, etc.; social and medical services; socio-psychological services (provision of psychological assistance); social and legal services (obtaining benefits), etc. The lists are approved at the level of Moscow and the Moscow Region (No. 18рв110), they are open on the website of the relevant departments.

The list must be carefully studied and do not forget that in obtaining everything that is not included there, the social protection authorities must assist you (and this assistance must be asked for).

What else is very important to understand? These lists, approved at the level of the subject of the federation, are not closed. The subject can change this list, add some services there, or, conversely, remove unclaimed ones. Now this list is compiled on the basis of what is at the disposal of the social protection authorities, 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 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 it is extremely desired service– 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, where it is convenient to study, is not near the house. For a healthy child, you can usually find a kindergarten, a school, a leisure center near your home, but for a special child, this is often a big problem - for example, there is a center that has good classes, but on the other side of Moscow. As a result, the parent is forced not to work in order to take the child to classes. Or, if a working parent has the slightest labor difficulties, then the entire rehabilitation process breaks down. For Moscow, this is very important, because. long distances and traffic jams. In the Moscow region, it is even more relevant, they can say: “There is no school in your city, take it to the next one.” For other subjects, perhaps something else will be relevant.

Forms of social services

We must also remember that social services can be provided in three different forms: 1) in a stationary, when a person is placed in a boarding school for a day and night or for five days, temporarily or permanently, 2) in a semi-stationary, when a person arrives at 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 fix this directly, but - at least at the level of briefings, at the level of policy, it was mentioned during discussions - the general concept of the law is such that we try to provide assistance at home, in the family, and assistance in stationary social service institutions is an extreme a situation where it is not possible to organize help at home.

Of course, there is a queue for boarding schools and nursing homes, but, nevertheless, you can still hear the phrase "Surrender to a boarding school." The social security authorities cannot pronounce it. You should say: "No, we want to try at home." And vice versa, even if the family wants to “throw” the problem into a boarding school, the social protection authorities should theoretically fight and try to convince the family to leave the person at home. We understand that often people leave for 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 providers of social services. 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 attract socially significant non-profit organizations to solve the problems of state policy in the social sphere. Generally speaking, this should be a good indication for local authorities, an occasion for solving problems that meet the interests of social service recipients and policies. 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 a non-state system, if not in a state one.

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

In addition to the state order, we have one more form. A person who wishes to receive social services can directly apply to a non-state social service provider and receive social services there. Moreover, if, in accordance with the law, social services should 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 their 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 social services to get together and say to themselves: “We don’t really like something, let’s say, the state provides social services at home - babysitting services, short-term childcare, patronage - all this is somehow formal, rude, inefficient. Why don't we create our own social service provider who will provide social services to us in the quality and mode that we like? And the state will pay them appropriate compensation. On the one hand, it can improve the quality of the services themselves. On the other hand, it may push the state to make social services more attractive to recipients so that social service recipients do not leave the state system with the money.

How much is it?

Let's move on to the next most interesting question. How much? What are the rates? The law says 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 set by the subject. Methods for calculating income are approved. One of the problems that I have encountered is that people have difficulty collecting documents and certificates confirming their income in order to qualify for 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 so happened that the income attributable to a member of your family exceeds the level established by the subject, then the services are provided for a fee in accordance with the tariffs approved by the state, but not more than half the difference between your income and the established minimum. It is clear that in each 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 the 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 social service providers who received less income when providing services to beneficiaries. These tariffs are also approved by the subject. For the time being, I have to state that, unfortunately, the entities with which we are working - Moscow and the Moscow Region - 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 the cost price, expenses for maintaining the premises, paying staff, rate of return, depreciation, equipment, etc. etc. 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 got such a figure. The Moscow region acted in much the same way - in my opinion, they got 420 rubles per hour.

Question: But maybe a fixed total amount is even easier 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 should already set the amount: “My service costs so much.” The problem is that the social service provider, from the point of view of the legislator, cannot take this amount “out of his head” - 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 subjects can show prudence and, having made sure that tariffs do not work, move on to more realistic regulation. The legislator does not bind the subject to any particular tariff model. It would be logical, for example, to set different rates for public and independent providers, because independent providers have more overheads and related problems, and public providers 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 will talk about the inconsistency of tariffs with real economic costs, and, on the other hand, citizens themselves will raise the question of the inadequacy of tariffs (“it is impossible to get real help”), then, probably, they will be reviewed. Since citizens are limited fixed amount, which depends on their income (i.e. they cannot pay more), then tariffs may have to be changed upwards, and this will be beneficial to 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'm a consumer of social services. I have drawn up an individual program for the provision of social services, where I have prescribed the services that will have to be provided to me. I know that there is an organization that provides the services I need, which are prescribed in my program. Can I just go there and get services? Or does this organization have to meet some special requirements?

This is an important question. Indeed, the law provides, and the subjects have already developed a regulation: if an organization claims to be a provider of social services and, accordingly, receive public funding in one form or another, it must be included in the register of social service providers. These registries are approved at the level of each entity. 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 - there is a lot of information to provide (information about certain checks, information about everything personnel), disclose the financial situation on the site, decide on the list of services, etc. In theory, the register of social service providers should be available 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 subject provide those social services that he has in the program, choose from the list of providers that is convenient for him, and get help there. Ideally, this is the case.

I can tell you that the Moscow region posted a register of suppliers on the website - in a not very convenient form, but let's not quibble. But in this register so far only state organizations. As for Moscow, I regularly look at the relevant 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 passed and it would be possible during this time to try to make it and at least include state suppliers there. Dear listeners from other subjects, look at the websites of your social protection authorities for these registers and tell us (both Perspektiva and the Center for Curative Pedagogics) how things are in your region: are there registers, are there independent providers in them, 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 it does not work very well. There are subjects in which sometimes it is possible to achieve good results. For example, I know that in Karelia successful social experiments were sometimes obtained. And, if we see a positive experience in one of the subjects, then the role of the community is to convey this experience to the rest of the subjects and show how the system can work effectively.

Treaty

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

Quite right. Now the procedure is as follows: you receive an individual program for the recipient of social services in the social protection authorities, with this program you go to the provider of your choice, show him the program, and on the same day he concludes an agreement with you on the provision of social services, which provides for your rights and duties, and begins its execution. The supplier is obliged to conclude such an agreement, approximate form the contract is approved, there is nothing special there. In principle, this can 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, which is why they did not really understand their rights, to the point that they did not know how to 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 an agreement, he can always see what he is owed and with whom specifically 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 had come to the wrong place, but you had to go over there, around the corner ... ”And the person does not understand at all what organization he is now in and who is responsible for the decisions, which are accepted in relation to him. The presence of a written contract should give certainty and exclude such "suspended" situations.

False interpretations

From the first negative consequences of the new law, which 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: “We used to provide you with social assistance for free, but now a new law has come into force and it will only be paid” or “We used to provide assistance to you, but now in the new law such recipients there is no assistance (or such services), so we will no longer provide.” We must clearly understand that the law does not contain an exhaustive list, but directly says that the subject has the right to establish other categories of citizens in need of social services, and other types of social services that are needed. And if the subject used to do something, but does not do it now, this means that such is the will of the subject, this is not a law. As before, the subject could provide social assistance if he saw the need for it, so now he can, the law does not interfere with this. If they say to you: “Here in Moscow, smart people passed a law, now you won’t get anything!”, then know that in reality this is just shifting responsibility from yourself to others.

For example, I know that in one subject there were centers for helping young mothers (how to manage a baby, etc.), and they are now told that a new law has been adopted that does not include such a category of recipients and such services, and therefore these centers will be closed. But this is not a federal legislator, it is the subject who made such a decision! We must understand this clearly. Nothing prevented the subject by its normative act from establishing such a category of persons in need of social services as young mothers, nothing prevented them from establishing such social services and tariffs for them and allocating money for this. Or order these services from someone else, or pay for these services to non-state providers. If the subject did not do this, then it is his will. Accordingly, questions on this matter can be safely asked to local authorities that are elected - let's not forget this - and should be held accountable for their decisions. Indeed, one can imagine that in different subjects there are different situations - for example, somewhere there are small indigenous peoples and they need some kind of specific help; somewhere special natural conditions and need special assistance people living in certain places, etc. The law doesn't stop you from doing this.

Answers on questions

In general, we have exhausted the main agenda, so I can answer the questions that have come in before and the ones that are coming in now.

Question: is it possible to get a one-time social benefit to carry out one-time work, major repairs or improve the living conditions of a person with a disability?

We immediately say that, of course, there is no such thing in the list of social services, but nothing prevents social protection agencies from providing assistance in a different way. For example, in the form of financial assistance in accordance with the law. Therefore, if you need such assistance, then contact us, justify your needs, and they can provide it to you. Let's be fair to the 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 bit about something else.

Q: How do I enter the provider register if we provide assisted living but do not meet the requirements for a residential facility?

Apparently, if you are not a stationary institution, then you need to declare that you provide a service in a semi-stationary form. This is actually quite an interesting question. Now there is a demanded service - to organize autonomous living for young people with disabilities outside boarding schools, teach them how to organize their life, support and accompany them. I think it should be considered as a service in a semi-permanent form. Accordingly, one can apply for inclusion in the register - in my opinion, there are no unbearable requirements for inclusion in the register.

Question: how will the necessary paid social help if the recipient has no funds 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 assistance free of charge. 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 have no funds” should not be.

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

The register of suppliers is formed by the authorized body - the local body of social protection. There 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, it is necessary to find a legal act that establishes the procedure for the formation of 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'll let you know when it's 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 it controlled?

As I have already said, tariffs are indeed set by the subject, in the same way as 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 more 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 Lin: I would like to clarify that this is not the subsistence level that is set for the subject, this is a different, special minimum for determining the need for social services. As far as I know, in Moscow it exceeds two living wages.

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 restrict this. However, the law explicitly states that a social service provider may refuse social services if there are no vacancies. Therefore, according to federal law You have the right to choose any boarding school, but only if there are free places.

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

This is a really painful question - how to be independent supplier social services, if the real cost of the social service and even its prime cost is much higher than the tariff approved by the state? I think that now the only chance is to simply point out this problem to the state. The law actually provides that tariffs are approved and, accordingly, compensation should be in the amount of approved tariffs. If the tariff is very small, but your service is in demand (there are parents who need it), then contact the local authorities and say that this service is needed, that you need a tariff and you need suppliers. 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 protection authority will think that everything is fine, everything works fine and there is no need to change anything. Even if we assume that you have a completely reasonable, conscientious and honest person who is sincerely concerned about the cause and is responsible for social protection, all the same - if he does not see complaints, does not 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 being provided, that the tariff is low, then he will begin to act and somehow solve this problem. If a person who is not very conscientious is sitting, then all the more so - only complaints and the threat of losing his place or becoming the subject of proceedings can inspire him to change. Nothing will happen by itself.

The question flashed that there are supposedly some requirements for an organization to be included in the register ... Now, at least in Moscow and the Moscow Region, there are no special requirements for organizations to be included in the register (presence of medical workers, etc.). Inclusion in the register is of a notification nature. Indeed, in the Moscow registry it is strangely written: “You must provide information about the applicant’s work experience over the past 5 years.” But nothing prevents you from writing “the applicant exists only 3 years” or “over the past 5 years we have worked only 2 months” - there are no grounds for refusing to be included in the register of suppliers for this reason in the position, at least in Moscow, no. In my opinion, even those who do not have five years of work experience should apply to the register and write like this: “We do not 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 the restriction of competition and, in general, the general principles of legislation.

In the same way, if we are talking about the fact that in order to be included in the registry, the organization is required to have medical workers or something else, I am willing to bet that all these were oral conversations. It is unlikely that any organization has been given a written denial that says, for example, "we are not putting you on the register because you do not have a health worker in the state." If you are faced with the fact of a written refusal to include an organization in the register, contact us - the Center for Curative Pedagogics. 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 children with disabilities, paid services at the request of their parents in the event that the number of free services required by regional legislation has already been received by the child in the current year? This question is faced by many rehabilitation centers. The Department of Social Protection, unfortunately, does not have a clear position.

I believe that since the law says that the individual program of the recipient of social services provides, among other things, for the volume and frequency of these services, then we must clearly state that if we are talking about the volume of services 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 that “yes, you have it written, but we have a quota selected” or something like that cannot 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 ensuring that they are provided for a fee on the basis of a separate agreements. Services, I repeat, which are not included in the individual program.

The law does not establish any clear limit on the scope of services. It says that the service must meet the standard, and the standard of the service 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 standard of the service may provide for a minimum volume (for example, short-term babysitting or cooking is no less than than some), but not the maximum. If you feel that there are too few or too few services in your individual program, ask for an increase to the level you really need. What is written in the individual program, the child receives for free without question. If little is prescribed, demand an increase in the volume of the program. They cannot have a formal obstacle to this, but such an obstacle as “you are not alone”, “we have few rates”, “not enough places”, etc. - not legal, but practical, domestic. I must 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 (the rates and premises) will only shrink, because in the light of the financial crisis and state course for optimization, this is the quite natural logic of an official: “Everything works, there are no complaints - we will reduce it by 10%! Reduced. Oops, again - everything works, no complaints! Great! Another 10%." And in this way he will reap until the moment when complaints come. When they go, they will raise it by 10%. It is natural for an official to find a minimum, and you should not help him in this. Let him know about the maximum, about real needs.

Question: “to assist” is a rather vague wording. For example, some officials say that “a social and legal service is in itself, and we can only direct, but we ourselves should not provide anything.” Hence the question: will it not turn out that the social protection authorities do not want to understand the full scope of legal assistance provided by our organization, the CLP, 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. Now 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 this is already something. On the other hand, indeed, the list of social services includes both assistance in paperwork, which should result in paperwork, and assistance in obtaining legal assistance, that is, assistance in obtaining assistance. At the same time, the result of the service should not be that the person received assistance in the social protection authorities, but that he received assistance 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 subject, the social protection authorities simply entered into an agreement with a law firm (this is exactly 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 are also. I don’t know how well this works, but I know such facts - when a person comes with a legal problem, and the social protection official picks up the phone and says: “Dear lawyer, our client will come to you now.” And help is free.

On the other hand, the law says that the provider provides assistance only to the extent of available vacancies. Therefore, if a lot of people are sent to you, to whom you will have to write applications for a penny, then at some point you will say that you no longer have vacancies. And then these people, who will have “assistance in paperwork” written in their individual program, 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 in order 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 made up by the social protection authorities?

Yes, the social protection authorities themselves form the program. That is why you need to convince them. It is better to go to the social protection authority to form the ICPSU with recommendations, with the conclusions of specialists, with some clear ideas about how much assistance you need, what kind of assistance you need, from the ITU bodies, from the specialists who observe you, etc. d. And if there are poorly developed individual programs, then it is necessary to appeal against the fact of their compilation. Now it's very fashion theme, and I assure you that if cases of appealing the volume of the IPSS reach us, then we will be very helpful in this. Because here it is necessary to change the policy, it is necessary to form judicial practice- people who are given individual programs that do not suit them should apply to the courts so that the courts express their opinion on this matter. If the courts fix some position, then this position will become practice. In the meantime, the social security authorities draw up programs according to their own understanding, without being guided by anything, then, of course, they tend to do everything more modestly.




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