Features of receiving maternity capital when the first child reaches 18 years of age

Example of an obligation to allocate shares

The law provides for the provision of cash payments upon the birth of a second child. This social measure stimulates the birth rate and allows families to solve a number of financial problems. In particular, it is possible to spend budget money on education, purchasing real estate, treating a child (if he is disabled), and so on. A full list of possible uses of money is specified in the law.

The following persons can receive money:

• mothers who adopted/gave birth to children before January 1, 2007;
• fathers, if the mother cannot apply in person due to death or lack of parental rights (a court decision will be required);
• guardians appointed by the court as a result of deprivation of biological parents of parental rights or due to their death.

That is, there are no age restrictions. Article 54 of the Constitution of the Russian Federation indicates that the law does not have retroactive force. Article 1 of Federal Law No. 124 dated June 24, 1998 states that persons under the age of 18 are considered a child.

Scheme for obtaining maternity capital

Thus, based on the current regulatory framework, the following conclusions can be drawn:

• the mother can apply to the Pension Fund or MFC if the child reached 18 years of age before Federal Law-256 came into force, since legally at that time he was still a minor and had the right to receive state benefits;
• If you reach the age of majority after the specified date, it is possible to receive state money in the manner prescribed by law.

If PFR employees do not agree to accept the documents provided to them, then you can write a complaint or contact the prosecutor’s office, since in this case they are violating the law of the Russian Federation.

Who and how can manage maternity capital according to the new rules

14:05, 06.05.2020 105450

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Biysk residents allocated 450 million rubles from maternity capital funds to improve their living conditions last year.

In March, in Russia there was active talk about the coronavirus and the fact that now maternity capital will be paid when not only a second child appears in the family, but also the first. What other fundamental changes have occurred with maternity capital, where the funds can be directed and who can count on it in an increased volume - BR told about this

Galina KARAGODINA , head of the Pension Fund Office in Biysk and Biysk region.

• – Galina Yakovlevna, after the president announced new conditions for receiving maternity capital, did you receive more requests for clarification? What are people especially interested in?

– Yes, of course, we are receiving questions about the new conditions. There were especially many of them after the president’s address to the Federal Assembly, during which the changes were announced. Of course, the most common questions were two: is it true that now they will also give a certificate for the first child and what amount of the certificate will be given at the birth of the second child?

• – For ordinary Russians, the introduction of maternity capital payments for the birth of their first child was good news. Did the Pension Fund authorities know about such large-scale changes in advance?

– I can’t say whether this was known to the Main Directorate in Moscow, but in our Biysk branch they learned about these innovations in the same way as all Russians - from the president’s address to the Federal Assembly. You need to understand that a statement about upcoming changes is one thing, but the regulations by which we work are the next stage. That's why we waited for legislative acts. On March 1, the President signed the Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation on Issues Related to the Emergence of the Right to Maternity (Family) Capital,” and we have already begun work on its implementation. And in just the first week - from March 9 to 13 - five mothers already contacted us to obtain a certificate for their first child, and about 40 received a certificate for the birth of their second child.

• – What has fundamentally changed in obtaining maternity capital?

– Firstly, the circle of recipients has changed. Today, maternity capital is received for the birth of the first child. Secondly, the size of these payments has increased. Thirdly, the very form of applying for maternity capital has changed - we will dwell on this in more detail. And fourth, it became known that the president extended the maternity capital program until December 31, 2026.

The amount of maternal (family) capital in 2020: 466,617 rubles - for families whose right to additional measures of state support for families arose before January 1, 2021; — for families in which, starting from January 1, 2021, their first child was born or adopted. 616,617 rubles - for families in which a second child was born or adopted in 2020; - for families in which, starting from January 1, 2021, a third child or subsequent children were born or adopted, while the right to additional measures of state support did not arise before January 1, 2021; - in the case of the birth or adoption of a second child starting from January 1, 2021, provided that the first child was also born or adopted starting from January 1, 2021.

• – Often, when laws regarding any payments appear, myths associated with them also appear. In the first days, people even asked for clarification - it turns out that they will pay 466 thousand for the first child, and another 616 for the second? It turns out to be more than a million...

- Of course not. 616,617 rubles is the total amount that families with a second or subsequent children can count on, and it is also very significant, and I am sure it will be a good help for families with children.

• – What areas of managing maternity capital remain the most popular among Biysk residents?

– First of all, this is improving living conditions. The amount is significant, and for many it turns out to be decisive in the issue, for example, of expanding housing, and this question invariably arises when children appear. So, in 2021, about a thousand families chose this particular direction for investing maternity capital, which is almost 450 million rubles.

Such an area as a child receiving an education using maternity capital also remains in demand. There are such appeals - last year there were less than a hundred of them. This includes paying for the maintenance of a child in kindergarten or higher education for older children.

Since 2021, Biysk residents have actively begun to use the opportunity to receive monthly payments from maternity capital. It also provides for reimbursement from capital of costs for the purchase of rehabilitation equipment for disabled children. In addition, maternity capital funds can be used to fund the funded part of the mother’s pension, but there are no applications in Biysk yet for choosing this direction.

• – By the way, remind us once again about monthly payments from maternity capital: who can count on them and under what conditions?

– Families whose average per capita income in 2020 does not exceed two times the subsistence minimum established in the region for the second quarter of the previous year have the right to this payment. Previously there was a condition - one and a half living wages. Thus, the circle of recipients has now been expanded. To calculate the monthly payment in the Altai Territory in 2021, you need to start from the amount of 21,674 rubles. Add up all the family’s income, divide it by the number of its members - this is mom, dad and children, and if the amount per person is lower, then the family meets the conditions for receiving a monthly payment of 10,203 rubles.

• – How long after the birth of a child can you start managing maternity capital funds? It is still ingrained in people's minds that this right comes only when the child turns three years old. But there were changes here too .

– There were, and these changes are not even this year. Thus, exceptions have appeared under which the disposal of maternity capital is possible even before the child reaches the age of three. First of all, this is repaying mortgage loans, sending the amount to education or maintaining a child in kindergarten, as well as receiving monthly payments. In these cases, the capital can be used immediately, that is, immediately after the certificate is issued. In other cases, the period remains the same - three years from the date of birth of the child who gave the right to receive maternal family capital.

• – In addition, have the terms for registering maternity capital been reduced?

– Yes, indeed, the period for registration, that is, making a decision to issue or refuse to issue a certificate, has been reduced from 15 days to five. However, if the Pension Fund needs to clarify any information specified in the application, then this period can be extended to 15 days. For comparison: previously this procedure took up to a month.

• – We promised to return to new ways of obtaining a certificate for maternity capital. I know that you have coined the concept of “proactive mode”. What it is?

– This is a regime that allows you to obtain a certificate without contacting the Pension Fund. This is a new way to obtain a state certificate based on information received from the unified state registry office. That is, the registry office provides information that a child was born, and based on this information exchange, the Pension Fund makes a decision to issue a certificate.

In addition, the possibility is now being considered when contacting credit institutions - banks, for example, when applying for a loan or mortgage - to fill out an application for a certificate of maternity capital there, that is, again, without additional applications to the Pension Fund.

• – How else can you apply for maternity capital?

– The application can be submitted through your personal account on the government services portal or on the website of the Russian Pension Fund. We also recommend contacting the Multifunctional Center. The application can be submitted to the client service of the Pension Fund Office at the address: st. Mukhacheva, 228, and for convenience, pre-register by phone. (3854) 34-34-40.

Due to the current restrictive measures to prevent the spread of coronavirus infection, check the possibility of submitting an application in person.

Author: Natalya Karsheva

Photo: Sergey Kulygin, Ekaterina Egorova “BR”.

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Will they provide maternity capital in 2021 if the first child is an adult?

What can you spend money on?

Federal Law-433 dated December 28, 2017 introduced quite a lot of changes to Federal Law-256. But they did not affect the rights to receive money. This means that payments continue to be given to parents under the same conditions.

The process of obtaining maternal capital consists of two stages. It is worth considering them in more detail to understand exactly how the process of receiving funds occurs.

Table No. 1 - Stages of obtaining maternity capital

Important . The law allows you to contact any branch of the Pension Fund. This is due to the fact that not everyone lives at the place of registration and cannot physically submit a request in person to the registration office.

Receiving regional payments

Matkapital can be spent on purchasing housing, and most families manage their money this way

In Russia, almost all regions have their own measures of social support for citizens. At the birth of your third child you can receive:

• cash;
• land plot.

This measure was taken to stimulate the birth rate. At the same time, the requirements for recipients in each constituent entity of the Russian Federation are different. It is necessary to carefully study regional documents to understand what exactly and in what order can be obtained.

Important . Typically, this benefit does not apply to adopted children, since this action does not involve the appearance of a new person. But adoptive parents receive material support from the regional budget in the form of cash payments. Some entities provide up to 150,000 rubles for each adopted child.

Is maternity capital required if the eldest child is 23 years old?

Introduced in January 2007, the Family Capital program aims to provide financial assistance to families with two or more children. Children can be either born or adopted; the main condition is that this support becomes possible only in cases where the second child in the family appeared after January 2007.

You can use it only once, for the following purposes:

• improving living conditions;
• healthcare;
• receipt of higher education by any child.

In January 2021, the maternity capital program celebrated its tenth anniversary. When the program was first introduced, it was assumed that it would function until 2021

But taking into account the fact that it has gained great popularity among the population, the government of the Russian Federation decided to extend it until the end of 2021

Putin’s bill to extend the old maternity capital program, the need for new proposals has disappeared until the end of 2021 for sure. Article 12 of Law No. 444-F3 states that the amount of family capital (453,026 rubles) will not be revised until 2021 due to the budget deficit.

In September 2021, the Government of the Russian Federation assured that spending cuts are taking place only for those budget items that are not priority ones. When maternity capital is denied if the first child is an adult You should not immediately despair if the Pension Fund makes a negative decision.

In the notification, employees must indicate the grounds that served as the reason for the refusal. The family has an adult child and a second one is planned. Naturally, mothers are concerned about the issue of help from the state.

Info

Is it possible? Content

• 1. Rights to capital - legislative framework
• 2. Restrictions - who cannot use the certificate
• 3.

USEFUL INFORMATION: How to apply for alimony: for a child, for the maintenance of parents

4. Dispute resolution – appeal to the authorities

01 Rights to capital - legislative framework It is possible to receive maternity capital if the first child is 18 years old. The law does not provide for age restrictions for the first child with subsidies for the second. Restrictions apply to the time of birth or adoption of the second one - no earlier than 01/01/2007.

This means that out of the entire amount of capital you can receive only 25,000 rubles, and the rest of the amount can be used to purchase property, or for anti-crisis payments next year. Over the entire existence of the program, the Pension Fund has confirmed the issuance of about 7.3 million.

certificates, and 93% were used for the purpose of purchasing or constructing real estate. It follows from this that almost 4 million families were able to improve their living conditions with the help of government support. Most people began to worry that it would be phased out after the ten-year period, but because the program was wildly popular, it was extended for another two years. Now, according to the changes that were made to Law No. 433-F3, the state support program for families will be valid until December 31, 2021. If he is patronized by a family, then she has no right to claim State money. Funds aimed at supporting families with two or more children are located in the Pension Fund of the Russian Federation. Cash in hand can only be received twice. Their amount is twenty and twenty-five thousand rubles. The rest of the money can be used for purposes strictly prescribed in the current legislation. Their list is as follows:

• Formation of the funded part of the mother’s pension benefit;
• Children's education;
• Expansion of living space;
• Construction on your own site;
• Mortgage credit lending;
• Treatment or acquisition of rehabilitation equipment for disabled children.

These are all purposes for which maternity capital money can be used. Parents have the right to spend them only after the child reaches three years of age. The only exception is purchasing a home with a mortgage. In this case, you can use the money received immediately after receiving all the papers in your hands. The mother of the baby receives such a document. An exception may be made for the father in the following situations:

• His wife has passed away;
• The woman is declared insane or has limited legal capacity;
• The mother is deprived of corresponding rights to the child;
• Finances are kept in the Pension Fund of the Russian Federation. They are transferred to the required purposes after the legal representative submits an application.

How to obtain a maternity certificate if the eldest child is of age? This procedure is no different from the usual one when there are several young children in a family.

How to get maternity capital if your first child is already 18 years old - step-by-step instructions

Certificate for maternal capital

The process of receiving budget money is quite long. It is worth considering in detail how exactly you can obtain funds for their intended use.

Step 1

Make an appointment with an employee of the MFC or Pension Fund. It is possible to come without an appointment, but the likelihood of acceptance will be minimal. There are not enough coupons at the Pension Fund of Russia, they are sorted out in the morning, but at the MFC you can wait in line for quite a long time. Considering that the mother must personally apply for the certificate, it is recommended to make an appointment in advance, since the infant cannot be left for a long time. Registration is carried out through the Gosuslgi portal or through the Pension Fund website.

Electronic Pension Fund

Step 2

Collecting the required documentation from the relevant structures (please note that some of them are valid for a certain period of time, so it is recommended to receive them last). It is recommended to call the Pension Fund in advance to clarify what exactly will need to be provided.

Required documents

Step 3

Show up on the appointed day and provide the necessary documents. You will need to write an application in the presence of a specialist to receive a certificate.

Application for a certificate

Step 4

Waiting for a decision to be made. This requires up to 30 days, after which you must appear to receive the certificate.

Obtaining a certificate

These are all the actions that must be completed to obtain the right to use budget funds. When you need to use the money, you will need to go through the entire procedure again. Only the package of documents will depend on how exactly it is planned to use public money. The application for payment will also be different.

It is interesting that the State Services portal is not fully synchronized with the Pension Fund website. Therefore, sometimes overlaps occur: two people sign up for the same time. Pension Fund specialists cannot refuse admission to anyone, so they are forced to serve both.

Possibility of receiving maternity capital if the eldest child is 20 years old

Money can be spent on social adaptation of disabled children

Now it’s worth considering in more detail exactly what documents are required to manage money on the basis of a certificate. There is a standard list of papers that must be provided in any case, as well as an additional one, which depends on the method of using federal funds.

The standard list includes the following:

• the applicant’s passport and his SNILS;
• children's birth certificates;
• certificates of marriage/divorce, change of surname, establishment of paternity, adoption;
• a certificate issued by the Pension Fund of Russia and certified by a specialist’s signature and seal;
• details for transferring money after consideration of the decision;
• application for payment (written in the presence of a Pension Fund inspector or an MFC employee).

Now it is worth considering the specific documents that are required, depending on how the money will be used.

Filling out a form for capital management

Important . If for some reason the certificate was lost, you must contact us to restore it.

Table 2. List of additional documents for using federal money

The application is considered within a month. If the application is registered at the MFC, then an additional week is needed to transport the documents to the Pension Fund office.

Also find out how to apply for sick leave during pregnancy?

Education outside the Russian Federation is not paid for with family capital.

Step-by-step instructions for receiving benefits

The procedure for obtaining an MCP certificate and processing payment if the senior is over 18 years old is standard:

1. The applicant applies to the Pension Fund to issue the original certificate for the subsidy.
2. Prepares a written application and provides the necessary documents.

You can submit an application at any time from the moment the right to receive a mat arises. capital.

You can contact the Pension Fund for the purpose of selling the certificate when your second child turns 3 years old. Exception: sending funds to pay for a mortgage loan or preschool education. In these cases, it is allowed to submit an application for disposal of money immediately after issuing the original certificate, without waiting for a three-year delay.

Paperwork

Registration of the original certificate requires the preparation and provision of the following documents:

• written application (drawn up on site according to the provided sample);
• passports of adult family members;
• marriage certificates;

• adoption documents (if necessary);
• copies of the applicant’s SNILS;
• birth certificates of children with a note on citizenship;
• bank statements confirming the presence of an open account.

If the first child is 18 years old, you must provide his passport and birth certificate.

To sell maternity capital, they provide documents, the exact list of which depends on the purpose of using the certificate.

• If you intend to use funds to improve your living conditions, bring documentation for the residential property (extract from the Unified State Register of Real Estate, building permit, purchase and sale agreement, shared construction, participation in a housing cooperative, etc.). If you are applying for a mortgage, you must provide a loan agreement.
• When parents plan to pay for education, they should provide an agreement with the educational institution and a copy of the license to provide educational services.
• If the money is spent on ensuring the life of a disabled child, then they bring papers confirming the disability and the need to purchase (pay for) specialized goods (services).

Possible reasons for refusal

Pension Fund employee helps in filling out documents

Initially, it is necessary to analyze the reason for the refusal. Pension Fund employees act in accordance with current laws, so they cannot simply refuse to receive the necessary service. Here are the main reasons why you might get rejected:

• incomplete package of documents;
• the child does not have Russian citizenship;
• the applicant does not have parental rights;
• causing harm to minors;
• the family has previously received a certificate/payment;
• the provided certificates or application are filled out incorrectly or with errors;
• there is a discrepancy between the information in SNILS/passport and the data in the application.

In other cases there should be no refusal. If Pension Fund employees refuse to accept documents or the decision was not in favor of the applicant, then they must provide written justification. Based on this data, the mother, father or other legal representative of the children can go to the prosecutor's office or go to court to restore their rights.

When going to court, the claim must be filed at the department where the defendant is registered. That is, if the appeal was to the Pension Fund of the Sovetsky District of Irkutsk, then you need to contact the court of this district. If the judge decides in favor of the applicant, then the steps outlined above will need to be repeated again to receive the certificate or dispose of the money.

Only low-income families are eligible to receive monthly compensation. The application must be submitted annually, providing the required documents confirming the lack of the required level of income. Payments stop when income increases to a set level or when funds run out.

Controversial situations

There are several nuances that you need to know about in advance.

Legal nuances

It is worth noting that an adult must also be allocated a share in housing if money from maternal capital is used to pay off a mortgage or purchase a property. According to the obligation, which must be executed by a notary, the allocation of shares must take place within 6 months from the date of taking ownership.

Important . Today there are no structures that would check the period during which parents fulfilled their obligation. However, if it is discovered that obligations have been ignored, the guardianship department or another government agency may sue the parents to recover the entire amount of maternity capital. Legal costs will also be borne by the losing party.

Deadline for citizens to apply

All documents can be submitted through the MFC

Federal Law-256 provided for the possibility of using budget money only when the second child reaches 3 years of age, in order to eliminate fraud and an increase in the number of abandoned children after the certificate is issued. There is no need to wait for this period when paying off a mortgage or purchasing residential real estate.

There are currently no deadlines for applying to the Pension Fund. Money for issued certificates is automatically reserved in the budget and is not used for other needs. That is, parents are not limited in the time limit for applying to the Pension Fund. However, it is necessary to monitor the amendments that are being made to Federal Law-256. If it is decided to set a deadline for circulation, then it will be important to manage the money within the designated period.

If this program is canceled after 2022, certificate holders will still be able to receive the money.

Important . The amount of family capital is indexed almost every year, so parents are interested in using the money not immediately, but after a few years. Exactly how much you can get from the certificate must be clarified at the time of disposing of the money, since every year the amount changes upward.