Constitutional court: the size of payments to invalids-“Chernobyl victims” should not decrease with the change of disability group

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The constitutional court of the Russian Federation considered the question of payment of monthly monetary compensation to the liquidators of the Chernobyl accident and the people affected by radiation. According to the constitutional court, even if the reduction of disability payments this category of citizens should not be reduced.

The reason for the consideration the Constitutional court was the appeal of the resident of Omsk Alexander Sizov, who took part in liquidation of Chernobyl accident. In 1998 he was established II group of disability, on the basis of what he was entitled to monthly cash compensation in the amount of 15 thousand rubles. In 2003 and 2008 he was confirmed by the II group of disability, but in 2013 he was set III group disability indefinitely without determining the degree of disability.

After Sizov set III group of disability, the social security authority in a judicial order has demanded to change the size of the monthly monetary compensation. The decision of the court he established the amount of compensation for the disabled of group III in the amount of 2 949,8 rubles (considering indexation as of 1 October 2016 – 3 496,37 rubles on February 1, 2017 – 3 685,18 rubles).

Alexander Sazonov tried to challenge this decision in court and has sued the chief of the Bureau of the ITU and the social security authorities. However, the claim was denied. Then Sazonov had decided to appeal to the constitutional court.

The COP considered this question in its decision indicated that the amount of monthly monetary compensation to the liquidators of the Chernobyl accident and the people affected by the effects of radiation, should not be reduced even upon change of the disability group.

“(The legislation) does not imply the possibility of reduction calculated from average earnings, depending on the degree of occupational disability monthly monetary compensation in reimbursement of harm, established citizens who until February 15, 2001 was recognized as disabled by the Chernobyl disaster and that the next time the reexamination was set lower group of disability without determining the degree of incapacity”, – says the decision of the constitutional court.

Previously, we reported that the constitutional court of Russia adopted a resolution according to which families with children with disabilities in need of better housing conditions, may qualify for a special housing at full strength. In such cases, local authorities usually take the decision to move into a new apartment only a disabled child and one parent.

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