What applies to financial assistance?

Material assistance in a difficult life situation or in the presence of other circumstances is support expressed in money or household items, hygiene, products, transferred to a person.
In most cases, such a measure is a one-time cash payment.

Note! Such social measures for needy citizens are of a declarative nature. A person planning to receive it must contact the competent authority and provide documentary evidence of the basis. Such payments are not automatically awarded.

Provision of financial assistance by the employer

Relations between employees and employers are regulated by the Labor Code.
This regulatory act allows enterprise management to provide in their regulations for the provision of financial assistance to employees in various situations that may not be related to financial or life problems. Download for viewing and printing: Labor Code of the Russian Federation

Thus, it is possible to transfer funds to an employee in connection with an anniversary or wedding.

This measure is left by the legislator at the discretion of the employer himself. But, if local regulations at the enterprise have been adopted, management is obliged to comply with them.

The amount of payments is determined taking into account the employee’s current situation, average earnings and financial well-being.

Important! The state also provides financial assistance to citizens. It is provided in the form of a lump sum payment. Its size as of 2017 was 4,000 rubles.

Who is entitled to

Support in the form of cash payments is provided to the following categories of citizens:

1. Families with three or more minor children;
2. Families with children whose parents are minors;
3. Citizens who are officially recognized as disabled;
4. Students with disabilities or having disabled parents;
5. Persons in state or contract military service;
6. Officially employed workers;
7. Low-income persons;
8. Pensioners who have reached the age of 65;

Family members of a deceased employee or military personnel can also count on financial assistance, even if they do not belong to the above categories.

Local regulations at the enterprise may provide for support measures for pregnant employees.

Directly from the state, financial payments may be provided in connection with difficult life circumstances to the following persons:

1. Single persons whose total income is not enough to ensure normal living conditions;
2. People who have received disabled status in accordance with the established procedure. Citizens with particularly serious illnesses, the presence of which is assigned to 1st disability group, are awarded larger payments;
3. A parent who is raising a minor on his own. People who do not have a regular income are also provided with support;

These categories of persons have the right to demand payment in accordance with the established procedure.

Video about categories of families that are low-income

Where to go for help

The place of application will depend on which of the above categories the applicant belongs to. So, you can contact:

1. To an educational institution. This can be done by students who need finance and are studying at this institution;
2. To social security at your place of residence. Officially unemployed people, for example, disabled people or pensioners, turn to this body;
3. To your employer. If the enterprise has relevant local regulations, employees turn to management.

The following can be used as a basis for providing a social measure:

• certificate confirming the presence of disability,
• certificate of income from the employer,
• a certificate from a medical institution confirming the presence of health problems.

Attention!
If the applicant plans to receive funds in connection with expenses for expensive procedures and medications, he needs to keep all payment receipts and receipts. If a pensioner who does not have outside income applies for this support, in most cases he does not need additional confirmation of the severity of his financial situation.

How to get financial assistance at work

To receive a sum of money at the main place of work, an employee must:

• write an application for financial assistance;
• attach documents, certificates, examinations confirming the right to receive it.

A package of documents along with the application is submitted to the clerk/secretary or directly to the manager to make a decision on the payment of funds. If the decision is positive, the documents are transferred to the accounting department for execution. In budgetary organizations, the process of transferring financial assistance is slower than private firms, since statements are transferred to the financial department, treasury, and only then to the bank.

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Due to difficult financial situation

When submitting an application for the provision of financial resources due to a difficult financial situation, the employee must write an application and attach documents confirming the right to receive funds:

• certificate of income of family members (if there is official employment);
• certificate of family composition;
• other documents confirming the difficult situation (for example, an act of unsuitability of housing).

For treatment

When applying for funds for the treatment of the employee himself or a member of his family, the following are provided along with the application:

• conclusion of a medical institution on the need for treatment;
• checks and receipts issued to the employee for the purchase of medicines, payment for operations and other expenses.

For the anniversary

Anniversary payments are classified as targeted assistance. Often singled out by order of the leader without the knowledge of the hero of the day. But if such an order has not been received, the hero of the day can take care of himself by submitting an application and the following documents:

• a copy of the passport (the page with the date of birth);
• petition from the immediate supervisor for assistance.

In such cases, payments to former employees are also possible (by decision of the manager and/or trade union committee).

At the birth of a child

The benefit for the birth or adoption of a child is established by a collective agreement, which specifies the amounts tied to the employee’s salary, or 50 thousand rubles. To complete it you need:

• employee statement;
• a copy of the child's birth certificate;
• a copy of the marriage certificate (if available).

For a wedding

When an employee gets married, funds are allocated according to the following documents:

• a petition from the immediate supervisor for assistance (in large organizations) or an oral request to the director;
• an application addressed to the manager for the provision of financial assistance.

Due to the death of relatives

Social benefits for funerals are negligible, so it is often impossible to do without the help of an employer. As a rule, payments from the company are issued promptly so that the employee has the opportunity to pay for funeral services. Financial assistance in connection with death is issued with the provision of documents:

• application addressed to the head of the organization;
• a copy of the death certificate, which is issued by the registry office after receiving a medical certificate at the hospital (morgue).

Deduction of taxes from the payment amount

The rules for deducting taxes on these amounts are primarily of interest to employers. Charges are not subject to mandatory fees in the following cases:

1. If paid in connection with the birth of a child and the amount does not exceed 50,000 rubles;
2. If the money is paid in connection with dismissal due to disability or retirement;
3. If funds are provided for expensive treatment;
4. If the benefit is accrued in connection with the death of a person closely related to the applicant;
5. If the amount is 4000 rubles or less;
6. If paid to an employee who suffered from a natural disaster or emergency.

In other cases, the employer is obliged to pay personal income tax to the state treasury at the standard rate of 13% and indicate this fact in tax reporting.

Legal questions and answers

The courts of three instances agreed with the position of the FSS of Russia. In particular, the Arbitration Court of the North-Western District, in its resolution dated June 22, 2017 No. A44-4988/2016, recognized gift agreements concluded with employees as imaginary transactions. The arbitrators decided that these agreements simply served as a cover for incentive payments for the labor participation of workers. The judges made such conclusions due to the fact that cash gifts significantly exceeded wages and were of a regular nature. Thus, employees received large gifts every two months. In addition, the court took into account that only those employees who actually performed their duties received gifts: employees on sick leave and those on parental leave were left without gifts. Employees with less than one month of work experience were also not entitled to gift money.

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1. Transactions (including a loan, credit, pledge, guarantee), in the commission of which there is an interest... of a person performing the functions of the sole executive body of the company... or the interest of a participant in the company who, together with its affiliates, has twenty or more percent of the votes of the total number of votes of company participants, .

How is financial assistance processed due to a difficult financial situation?

The registration procedure will depend on the category of the population to which the person in need belongs. In most cases, he needs to prepare a package of supporting documentation and visit the competent authority.

Registration for working citizens

If a person plans to receive funds from the management of an enterprise, he must adhere to the following algorithm:

1. Collect supporting documentation. The package of papers depends on the basis on which a person is entitled to benefits.
2. Make a verbal request to the manager.
3. After receiving consent, write a statement.
4. Obtain the manager's resolution for the application.
5. Submit the document to the accounting department.
6. Wait for the money to be transferred to your salary card or receive it in cash.

The legislation does not contain special requirements for the content of such statements. But it needs to indicate points that will allow it to be identified. The following information must be provided:

• information about the employee and manager,
• Business name,
• the position held by the applicant,
• request for funds,
• the reason why he needs financial support,
• date and personal signature.

Often, organizations have standard forms or samples for such applications. When filling out an application, it is important to follow the document flow rules adopted by the enterprise.

If the management of the enterprise decides to satisfy the employee’s request, it is necessary to issue an order to this effect.

Note! When determining the amount of such benefits, the regional coefficient is not applied, which affects the increase in wages in some regions of the Russian Federation.

Calculation of financial aid to students

To receive this benefit, a student who has grounds must adhere to the following algorithm of actions:

1. Collect supporting documentation;
2. Make an application with a request;
3. Have this document certified by the group leader or the dean’s office. Each educational institution has its own document flow rules that must be followed;
4. Attach documents confirming the reasons for the difficult situation to the application;
5. Submit the documentation with the application to a special department of the educational institution, whose competence includes the calculation of such benefits;
6. Wait until the department makes the appropriate decision;
7. Wait for the money to be transferred to the card of the banking institution, which is used to accrue the scholarship.

It is important to reflect the following aspects in the application text:

• information about the student and educational institution,
• the group in which the person is studying,
• request for money transfer,
• description of the basis for receiving money, the current situation,
• date of compilation and personal signature.

An application for benefits is drawn up in accordance with the form accepted by the educational institution. As a rule, the dean’s office has examples of such documentation. The student can use such a sample, adapting it to a specific situation.

Receiving financial assistance for the unemployed

If a person is not officially employed and is not a student at an educational institution, he needs to apply for benefits due to a difficult financial situation at the social security department at his place of residence.
Download for viewing and printing: Law on Employment in the Russian Federation

The procedure to implement the procedure will be as follows:

1. Preparation of supporting documentation;
2. Contacting the competent authority;
3. Drawing up an application requesting payment of money;
4. Submitting the application and package of papers to the social security officer;
5. Waiting for the corresponding decision of the social protection authority;
6. Receiving money if the decision was positive.

It is important to include the following information in the application text:

• Full name of the applicant,
• residence address,
• passport data,
• details of the document that is the basis for the provision of benefits (identity card of a pensioner, disabled person or other paper),
• request for payment of funds,
• list of documents that will be attached to the application,
• date and personal signature of the applicant.

Note! It will take no more than 10 days to review your application at any institution. After this period, the person must be provided with benefits or given a reasoned refusal.

Required documents

The documentation package is compiled based on the applicant’s status and current life situation. In most cases you will need to provide:

1. Statement;
2. Passport or other identification document;
3. A document confirming the applicant's status. This could be: Student ID;
4. Pensioner ID;
5. Disabled person's certificate;
6. Certificate that the applicant is a single mother;
7. Certificate from the antenatal clinic about pregnancy;
8. Birth certificates of children.

Important! The more complete the package, the greater the likelihood of receiving a positive decision from the competent authority.

Answers to your questions:

The difficult financial situation is confirmed by salary certificates of form 2-NDFL, birth certificates of dependent minor children, disability certificates (if any), etc.

How we help:

The ABC of Law materials were prepared by practicing lawyers on the most popular situations and are understandable to any user who does not have a legal education. At the moment, ConsultantPlus has more than 1000 reviewed questions with step-by-step instructions that are kept up to date. For example, in Quick Search we type: YOUNG FAMILY PROGRAM (the first document in the list is a situation from the ABC of Law). We get:

• material presented in simple, accessible language;
• in one document all information about the validity period and conditions of participation in the program;
• step-by-step procedure for receiving social benefits, its size;
• important notes and background information;
• links to regulatory documents and required document forms;
• confidence in relevance – date at the beginning of the article.

The employer began to pay K. the remainder of his salary after all deductions in the amount of 8%. The court found that a notarized agreement to pay alimony is a transaction and has a different legal nature than a writ of execution.

The bank filed a lawsuit to collect the debt, penalties and penalties. K. stated in court that he is the only breadwinner in the family, pays alimony and loans under other loan agreements. The court decided to take into account K.’s difficult financial situation.

Non-repayment of bank loans

The main thing is to prove the difficult financial situation of the debtor. In the case under consideration, the court was presented with: - certificates from banks confirming the absence of funds in the debtor’s open accounts; — decisions of the tax authority to suspend transactions on these accounts; - copies of statements from the tax authority to the court,

- copies of profit and loss statements indicating the unprofitable activities of the company in 2006-2007. and the first quarter of 2008 (resolution of the Federal Antimonopoly Service of the Far Eastern District dated January 20, 2010 No. F03-8020/2009 in case No. A59-3572/2009).

The buyer has arrears of payment for goods received under a supply agreement. The seller filed a claim with the arbitration court to collect the debt and penalties. The buyer stated his difficult financial situation caused by the financial crisis in the global economy, and asked to be exempted from collecting penalties on the basis of Art. 333 of the Civil Code of the Russian Federation. The court rejected this statement.

In addition, a decrease in the amount of the fee will lead to a decrease in the amount of the fine collected for violation of the legislation on enforcement proceedings and credited to the federal budget. According to Part 2 of Art. 112 of the Federal Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings” the enforcement fee is established by the bailiff if the debtor has not provided evidence that the execution was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions. The difficult financial situation of the debtor does not apply to such circumstances.

It should be noted that within five working days from the date of transition to a different taxation regime (paragraph 3, paragraph 3, article 346.28 of the Tax Code), an application for deregistration as a UTII payer must be submitted. An application is filled out in form No. UTII-4 (Appendix 4 to the order of the Federal Tax Service dated December 11, 2012 No. MMV-7-6 / [email protected] ). If the individual entrepreneur uses the patent system, within 10 calendar days it is necessary to submit an application in form 26.5-4 (Appendix 4 to order No. ММВ-7-3 / [email protected] ).

When selling even one unit of goods from the listed groups, an entrepreneur risks losing the right to UTII or a patent. According to the new law, individual entrepreneurs who used UTII will only be able to switch to the new regime (clause 2.3 of Article 346.26 of the Tax Code as amended by Law No. 325-FZ). When using a patent, you have the opportunity to choose: switch to a general regime or a simplified regime (clause 6 of Article 346.45 of the Tax Code as amended by Law No. 325-FZ).

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Individual entrepreneur debts up to 3,000 rubles will not be collected immediately

Inspectors of the Federal Tax Service will collect debts of less than 3,000 rubles within one year from the date of detection of arrears (clause 1 of Article 70 of the Tax Code as amended by Law No. 325-FZ). If the debt exceeds 3 thousand rubles, the tax office will issue an invoice no later than three months from the date of discovery of the arrears.

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Despite the fact that the ownership of the property by the testator was confirmed by an extract from the household register of the local administration, the court refused to include the residential building and land in the inheritance, since the notary did not issue a certificate of title to this property, limiting itself to only a certificate of title to the funds in a bank account.

The highest authority examined the case of a resident of Novorossiysk, who unsuccessfully tried to receive a residential house and land plot under his will. The stumbling block was that the testator did not properly register this property during her lifetime.

“If the right to an object of real estate arose before January 31, 1998 - the date of entry into force of the law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it”, then the moment of emergence of such a right is not related to its state registration, such a right is recognized as legally valid even in the absence of its state registration,” explains the Supreme Court.

Let us note that the adoption and implementation of the listed initiatives is controlled by the President of the country, who, after a meeting with representatives of organizations helping disabled people, as well as with disabled people themselves, set the following tasks for the government: