Maternity capital – funds allocated by the state for material support of a family with children. The legal regulation of the mechanism for obtaining financing, the determination of the possibilities and circumstances for its execution is carried out on the basis of the Federal Law “On Additional Measures of State Support to Families with Children” dated December 29, 2006 No. 256-FZ, the Federal Law “On the Federal Budget for 2017”, by-laws of ministries in the field of social protection of the population.
The allowance, the amount of which is fixed by law, can be increased if the family lives in the region of the Russian Federation, the regulatory framework of which allows providing financial assistance to families from the budget of the subject of the federation.
Who is eligible for payments
In what cases is child support paid? A prerequisite for obtaining maternity capital is the presence of an adopted or born baby Russian Federation citizenship, regardless of where the family lives.
In accordance with Art. 3 core laws, material support from the state relies on:
- Mothers who have given birth or adopt a second child or subsequent children after January 1, 2007, provided that they have not previously used other financial assistance from the state.
- Fathers who single-handedly adopted the second or subsequent children, in case the court decision on adoption has entered into force after January 1, 2007.
- Fathers, regardless of citizenship, if the right to benefit was terminated by the mother of the children in connection with the death, deprivation of parental rights, commission of intentional criminal misconduct against heirs.
- A minor himself (children in equal shares), if his (their) parents (parent, adoptive parent) are deprived of the right to receive state financial support. It is noteworthy that payments on maternity capital can be received before a young person reaches the age of 23 years, provided that he is stationary at a university.
The right to receive material assistance is confirmed by a personal certificate. This is a document issued on a government-issued form with which a family can spend maternity capital for a second child for specific purposes, in whole or in part.
The size and indexation of payments in 2017
Art. 6 of the Federal Law establishes that the amount of payment under the certificate is 250,000 rubles. It is annually indexed taking into account inflation and is finally established by the law on the federal budget for a certain year.
The balance of the benefit is also subject to review if capital has been partially used previously.
From 2015 to the current period, the amount of state aid amounted to 453,026 rubles. In comparison with 2007, the amount of payment increased by more than 80%, which indicates a high level of depreciation of funds over the past 10 years.
During 2017, a revision of the amount of state funding for families is not expected.
Which child is given the money for
Is maternity capital given for the first child? No, according to Art. 3 of the normative act, the indicated amounts are paid to one of the parents for the second child (or subsequent children).
Important! The allowance can be paid to the family only once. In other words, the starting point for acquiring the right to state support is the birth (adoption) of a second child after January 1, 2007. In this case, parents can issue a certificate in order to use it in accordance with the law. However, for the third and subsequent children, they will no longer be given the allowance.
Is maternity capital based on third and subsequent children? Only if, at the birth of the second child, the family did not exercise their right by issuing a personal certificate.
How to get maternity capital at the birth of the first child
Most young families are interested in the question – is maternity capital necessary if you give birth to the first baby? As mentioned above, payments are given only for the second child or subsequent children.
Nonetheless, some lawmakers introduced amendments to the current regulations for consideration by the State Duma of the Russian Federation, which allow receiving financial assistance to families with their first children, at least in a reduced amount (up to 100,000 rubles). The initiative was not supported by deputies, although political scientists have spoken out about a return to the discussion of corrections after some time.
When they give maternity capital: for a second birth or for a second child
Do they give maternity capital for childbirth or for the child? Since the goal of state support for families is to stimulate fertility, ensure an adequate standard of living, protect children, payments are made exclusively for the second child (subsequent children), and not for the next birth.
The physiological course of pregnancy does not always end with the birth of a living and viable child, unfortunately, some newborns die in utero or in the first week of life. In which case is maternity capital paid for a second child?
The certificate is issued only if the family has a birth certificate of the second baby, issued by the registry office in the prescribed manner. In accordance with the Federal Law “On acts of civil status”, when registering a stillbirth, a corresponding certificate is not issued to applicants.
It is clear that the second birth, as well as the subsequent ones, cannot become the basis for the payment of money if, as a result of it, a live baby was not born whose birth was registered.
Documents, procedure for registration and receipt of payments
For registration of a maternal (family) certificate, persons submit to the territorial bodies of the Pension Fund:
- a written application for the issuance of a document written by a citizen in his own hand;
- applicant’s passport;
- birth certificates of all children;
- a copy of a court decision that has entered into legal force (upon adoption of a child);
If the father as the only parent applies for a maternity certificate, he or she must additionally be presented with a mother’s death certificate or a copy of the court’s decision to deprive her of her parental rights.
If the maternity certificate will be issued directly to the child (children – in equal shares), in the absence of parents, then legal representatives of minors can submit an application on their behalf.
All papers should be photocopied, the applicant must present the originals to the employee of the institution.
The state certificate is issued after 1 month from the day the parents applied with an application if the submitted documents are reliable.
We will deal with situations that may raise questions.
The birth of twins
Is maternity capital appropriate if the birth is first and the children are two? At the birth of twins, the mother actually has two children in her arms, which means that she needs help. The birth of one baby during multiple pregnancy is not a basis for state support, but the mother will receive benefits for the second child.
The majority of the oldest child
Maternity capital payments for the second child born after the brother or sister is of majority age, the family must receive. To prove this, Art. 3 of Federal Law No. 256-FZ of December 26, 2006.
So, help is paid to the mother (father), from whom the second child was born (was adopted). There are no amendments to the first child’s 18th birthday; the norm does not contain.
The allowance will be given to the family for subsequent children, even if the first heir has died – no matter what age.
Death of a newborn
As mentioned earlier, maternal capital in the event of the death of a second child is paid only to parents who have a birth certificate in their hands. Since such a certificate is issued to all live-born children (even those who died in the fifth minute of life), the family will receive material support in such a tragic situation.
In the case of intrauterine death of a newborn, the registry office does not issue a birth certificate (only a relevant certificate), which means that the family will not be able to claim benefits.
Use of maternity capital
Maternal capital can only be spent on goals defined by Art. 7 core law, it is:
- Improving living conditions. These include: buying a home or its share (including in a cooperative), repairing, reconstructing or building “from scratch” your own home, making a share in a mortgage or other lending, designed to buy a home.
- Education by the child (ren), regardless of the type of institution. This includes related costs, for example, associated with the payment of services of a preschool educational institution or living in a hostel of a university.
- Transfer of funds to the Fund for the formation of a funded mother’s pension
- Payment for services under the program of social adaptation of children with disabilities. As in the case of education, funds can be used to rehabilitate any child from the family. Important! The norm determines that the family has the right to finance the studies not only of the heir, with the birth (adoption) of which the mother or father received a certificate, but also of other son or daughter. According to the law, funds are issued not to the child, but to the family.
You can use maternity capital after three years from the date of birth of the child (native or adopted), however, if you need to make a down payment on a mortgage, purchase a home, to adapt a disabled child, you can spend the money immediately after receiving the certificate.
What can not be spent on state aid
The family does not have the right to contribute maternity capital in whole or in part as a deposit to the bank, purchase cars (even family type), furniture, appliances, pay utility bills or pay off consumer loans. In this regard, the maternal certificate is not subject to cashing.
The list of methods for the targeted use of funds is exhaustive and has no exceptions, although if necessary to pay for the costly treatment of children from life-threatening diseases, the allowance can be used.
Regional maternity capital
Although this concept was not singled out at the legislative level, most regions supported the initiative of the head of state to provide additional material support to families when they have a second and subsequent children.
A number of federation entities provide financial assistance to residents of the region, paying from 10,000 rubles. young parents, in addition to the main amount of maternal capital from the federal budget. Such a decision made it possible to increase the birth rate and strengthen the authority of the state in the eyes of ordinary citizens.
A prerequisite for obtaining regional benefits is living in the territory of a particular subject of the federation.