From January 1, 2022, the version of the Federal Law of 29.12.2006 No. 255-FZ "On compulsory social insurance in case of temporary disability and due to maternity", which approved new rules for obtaining information and documents by the branches of the Social Insurance Fund required for the assignment and payment of benefits (hereinafter - the Rules), comes into force.
The main changes are related to the fact that from January 1, 2022, the Social Insurance Fund of Russia will switch to a no-applications (in other words, proactive) procedure for the payment of benefits. The Fund will receive information about the insured event not from employers, but, in particular, from medical institutions on the basis of information about the opening and closing of sick lists or other departments in the exchange of data (for example, from the registry office).
We remind you that from 2022, sick lists are issued only in electronic form. On paper, sick leave certificates will be issued to citizens, information about which constitutes a state secret, as well as to persons in respect of whom measures of state protection are being implemented.
In this regard, employers are advised to:
- receive an electronic signature and join the electronic document management system with the Social Insurance Fund (if this has not been done yet);
- notify employees that from January 1, 2022, medical institutions must issue only electronic sick lists (ESL). Information about the issued ESL will be reflected on the portal of state services of the Russian Federation gosuslugi.ru in the Health section "Electronic sick list" or in the insured's personal account on the website lk.fss.ru;
- check that employees receiving monthly benefits have MIR cards opened.
The rules provide for the following changes:
1. Regarding the procedure of interaction of the employer with the Social insurance fund.The transfer of documents and information for the calculation and payment of benefits will be carried out through the system of social electronic document management - SEDO.
Working in SEDO provides the employer with the opportunity to promptly receive notifications on direct payments from the Fund and send responses as soon as possible.
SEDO is a free electronic service that is integrated into the programs SBIS, 1C, SKB Kontur, Parus, Taxcom, etc.
To connect to social electronic document management, it is enough to enable the required option:
- for Kontur-Extern and SBIS, interaction with the Social insurance fund of the Russian Federation was implemented by using an enhanced qualified digital signature, which is already in the system of special operators;
- for 1C, availability of an enhanced qualified digital signature issued for an organization is a prerequisite for working with SEDO directly through 1C.
2. Regarding the date of benefits' payment.
The insurer is obliged to transfer the necessary information for the payment of benefits to the Social insurance fund within 3 (three) calendar days instead of the previous five.
The Social insurance fund can request additional documents from the employer, and also generates a notice to the insurer if errors are found (incomplete or inaccurate information in the electronic register).
Employer:
- within one working day CONFIRMS receipt;
- within five working days GENERATES a response to the notification.
- 200 rubles for each document - failure to provide information or submission out of time;
- 20% of overpaid benefits, but not less than one thousand and not more than five thousand rubles - inaccurate information for the assignment of benefits;
- 5 000 rubles - violation of the deadline for submitting information for the assignment of benefits.
3. Regarding the obligation of the employer to submit information about the employees to the Fund.
Employees will have to provide the employer in writing with their personal data, including a current bank account. Employees provide their personal data in the form “Information about the insured person” (approved by order of the Social insurance fund dated 04.02.2021 No. 26).
The employer, in turn, must send this information to the Social insurance fund within three working days from the date of their provision by the employee.
Re-filling and sending information to the Social insurance fund for the assignment of the next benefit is not required. New information is provided to the Social insurance fund if the employee's personal data or account details for the transfer of benefits have changed.
Information must be filled in:
- by a new employee - on the day of hiring;
- by current employees - at any time during the period of employment or upon the occurrence of an insured event, if information about the employee was not sent to the Social insurance fund earlier.
In order to minimize the number of errors in the assignment of temporary disability benefits in 2022, some territorial bodies of the Social insurance fund recommend that employers provide information about all current employees once before January 1, 2022.