It is registered
Ministry of Justice
On January 29, 2015 No. 35782
of October 31, 2014 No. 848n
About approval of the Procedure for rendering by Social Insurance Fund of the Russian Federation of the free help to insured persons
According to Item 10.1 of part 2 of article 4.2 of the Federal Law of December 29, 2006 No. 255-FZ "About compulsory social insurance on case of temporary disability and in connection with motherhood" (The Russian Federation Code, 2007, No. 1, Art. 18; 2011, No. 27, Art. 3880; 2012, No. 53, Art. 7601; 2013, No. 30, Art. 4076; No. 48, Art. 6165; 2014, 26, of the Art. 3398) I order to No.:
Approve the enclosed Procedure for rendering by Social Insurance Fund of the Russian Federation of the free help to insured persons.
M. A. Topilin
Approved by the Order of the Ministry of Labour and Social Protection of the Russian Federation of October 31, 2014, No. 848n
1. Procedure for rendering by Social Insurance Fund of the Russian Federation (further - Fund) the free help to insured persons (further - this Procedure) No. 255-FZ "About compulsory social insurance on case of temporary disability and in connection with motherhood" is developed according to the Federal Law of December 29, 2006 (further - the Federal Law No. 255-FZ) and determines terms and the sequence of actions of territorial authorities of Fund when rendering the free help to insured persons necessary for receipt of insurance coverage according to part 4 of article 13 of the Federal Law No. 255-FZ (further - the free help).
2. Free help is given for the purpose of receipt of temporary disability benefits by insured persons, on pregnancy and childbirth, monthly allowance on child care (further - benefits) in the following cases:
a) in case of the termination of activities by the insurer on the date of the request of insured person for benefits;
b) in case of lack of possibility of their payment by the insurer in connection with insufficiency of money on its accounts in credit institutions and application of the priority of cash write-off from the account provided by the Civil code of the Russian Federation (The Russian Federation Code, 1996, No. 5, Art. 410; No. 34, Art. 4025; 1997, No. 43, Art. 4903; 1999, No. 51, Art. 6288; 2002, No. 48, Art. 4737; 2003, No. 2, Art. 160, 167; No. 13, Art. 1179; No. 46, Art. 4434; No. 52, Art. 5034; 2005, No. 1, Art. 15, 45; No. 13, Art. 1080; No. 19, Art. 1752; No. 30, Art. 3100; 2006, No. 6, Art. 636; No. 52, Art. 5497; 2007, No. 1, Art. 39; No. 5, Art. 558; No. 17, Art. 1929; No. 27, Art. 3213; No. 31, Art. 3993, 4015; No. 41, Art. 4845; No. 44, Art. 5282; No. 45, Art. 5428; No. 49, Art. 6048; No. 50, Art. 6247; 2008, No. 17, Art. 1756; No. 29, Art. 3418; No. 52, Art. 6235; 2009, No. 1, Art. 16; No. 15, Art. 1778; No. 29, Art. 3582; 2010, No. 19, Art. 2291; 2011, No. 7, Art. 901; No. 30, Art. 4564, 4596; No. 43, Art. 5972; No. 48, Art. 6730; No. 49, Art. 7014, 7015, 7041; 2012, No. 25, Art. 3268; 2013, No. 26, Art. 3207; No. 27, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6346; No. 51, Art. 6683, 6699; No. 52, Art. 6981; 2014, No. 11, Art. 1100; No. 30, Art. 4218, 4223, 4225);
c) in case of lack of possibility of establishment of the location of the insurer and its property on which collection, in the presence of the judgment which took legal effect about factual determination of nonpayment by such insurer of benefits to insured person can be turned;
d) if on the date of the request of insured person for benefits concerning the insurer the procedures applied in the case of bankruptcy of insurer are carried out.
3. Free help is given in type of creation of statements, claims, petitions and other documents of legal nature, and also representation of interests of insured person in courts.
4. The free help appears territorial authority of Fund in which the insurer who did not pay benefit based on the statement for rendering the free help stays on the registry (or consisted before the activities termination). The recommended application form about rendering the free help is given in appendix to this Procedure.
Data on territorial authority of Fund in which the insurer stays on the registry (or consisted before the activities termination) are provided to insured person in any territorial authority of Fund.
Insured person has the right to address for rendering the free help in territorial authority of Fund through the authorized or legal representative.
a) identity documents of insured person (representative);
b) documents, confirmatory that insured person was in employment relationships with the insurer at the time of emergence of the right to appointment and allowance payment according to the Federal Law No. 255-FZ, - are represented in case of their availability;
c) the reference (certificates) of wages amount, other payments and remunerations in two calendar years preceding year of termination of work (service, other activities) or year of the request for the earnings certificate, other payments and remunerations, and the current calendar year on which insurance premiums were assessed, and about the number of the calendar days falling in the specified period on the periods of temporary disability, maternity leave, child care leave, the period of release of the worker from work with complete or partial preserving the salary in accordance with the legislation of the Russian Federation if on the kept salary for this period insurance premiums in Fund were not assessed, which form is approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of April 30, 2013 No. 182n (No. 28668) is registered by the Ministry of Justice of the Russian Federation on June 5, 2013 (further - the earnings certificate from which the benefit shall be estimated), - it is represented in case of availability;
d) the statement of insured person for sending an inquiry in territorial authority of the Pension Fund of the Russian Federation about submission of data on the salary, other payments and remunerations which form is approved by the order of the Ministry of Health and Social Development of the Russian Federation of January 24, 2011 No. 21n (No. 19932) if insured person has no opportunity to provide the reference (certificates) of the earnings amount from which the benefit, in connection with the termination of activities by the insurer (insurers) or for other reasons shall be estimated is registered by the Ministry of Justice of the Russian Federation on February 24, 2011;
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