Елена Самтынова
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О мере, направленной на поддержку граждан, потерявших работу в этом году вследствие ситуации в стране, связанной с распространением новой коронавирусной инфекции, говорил Президент РФ Владимир Путин на совещании с главами регионов 8 апреля. При установлении нуждаемости семьи (одиноко проживающего гражданина) в предоставлении различных мер соцподдержки рассчитывается среднедушевой доход за предшествующий период (для разных пособий он составляет от 3 месяцев до года), при этом ранее учитывались доходы от получения пособия по безработице. Принятый Федеральный закон от 24 апреля 2020 года № 125-ФЗ позволяет не учитывать доходы членов семьи, признанных на день подачи заявления о назначении мер соцподдержки, официально безработными. Соответствующие изменения внесены в Федеральный закон от 5 апреля 2003 г. № 44-ФЗ «О порядке учета доходов и расчета среднедушевого дохода семьи и дохода одиноко проживающего гражданина для признания их малоимущими и оказания им государственной социальной помощи» и в Федеральный закон от 28 декабря 2017 г. № 418-ФЗ «О ежемесячных выплатах семьям, имеющим детей» (далее – Закон № 418-ФЗ). Однако данная мера является временной и будет действовать только до 31 декабря текущего года включительно.
Не распространяется ограниченное время действия на оговорку, которая касается Закона № 44-ФЗ, о том, что при расчете среднедушевого дохода для назначения ежемесячных выплат семьям с детьми не должны учитываться выплаты, которые назначаются этим же законом, как было принято ранее. Более того, указанной норме придается обратная сила, она применима к правоотношениям, возникшим согласно данному закону с 1 января 2018 года (с даты вступления названного закона в силу), что позволит пересмотреть размеры выплат тем семьям с детьми, в отношении которых были приняты ошибочные решения.
Все важные документы и новости о коронавирусе COVID-19 – в ежедневной рассылке Подписаться
Также уточнен порядок расчета среднедушевого дохода для целей данного закона: отсчет 12-месячного периода для расчета среднемесячного дохода семьи при назначении ежемесячной выплаты в связи с рождением (усыновлением) первого или второго ребенка начинается за 6 месяцев до даты подачи заявления о назначении такой выплаты.
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