Can a father receive maternity capital: important points. Can a father receive maternity capital? Conditions, documents, registration Dad has the right to maternity capital

One of the most effective measures to support families is the provision of funds from the federal budget under the MK program. This right accrues to the mother at the birth of a second or subsequent minor citizen; through MK, the living conditions of the entire family can be improved. Can a father receive maternity capital? The answer to this question can be found in the presented material.

Does the child’s father have the right to MK in 2020

Since the allocation of these funds is directly related to the birth of children, in a normal situation the mother applies for a certificate or order from the MK.

Nevertheless, this program is aimed at supporting the family, so a man has equal rights to use state support funds.

In two cases, it is allowed to directly issue maternity capital to the father:

1. If the mother of the children has died, been declared dead, or has been deprived of parental rights in relation to the child, in connection with whose birth the right to receive a maternity capital certificate arose. She also intentionally committed a crime against the person of the specified child or canceled his adoption. It does not matter whether the father is a citizen of the Russian Federation.
2. If a man is the sole adoptive parent of a second, third child or subsequent children, who has not previously exercised the right to receive maternity capital. Provided that the court decision came into force on January 1, 2007.

Can a father receive maternity capital if the specified grounds are absent, but the children’s parents themselves decided to send him to the Pension Fund authorities for paperwork? No, the receipt of maternity capital by a man is associated only with the two listed circumstances.

Note! In the case of the adoption of a second or subsequent minor, a certificate will be issued to the father of the children if the adoption took place after January 1, 2007. It was from this date that the MK program started.

Conditions for receiving MK by the father

How can a father receive maternity capital if his mother has lost the right to such a measure of social support from the state? Official confirmation of one of the following grounds is required under which a woman loses the right to MC:

1. death of mother or official recognition of her death;
2. deprivation of parental rights in relation to a minor citizen, whose birth was the basis for receiving MK;
3. committing a deliberate crime against the person of one or all of one’s own children;
4. cancellation of adoption, which gave the right to receive MK funds.

Attention! Deprivation of parental rights and the commission of a crime must be properly confirmed by a judicial act.

How can a father obtain maternity capital if he does not have court decisions confirming that his wife has lost the right to a certificate? In this case, it is necessary to contact the judicial authorities in which the deprivation of rights took place or the criminal case was considered against the mother of the children. Without presenting the specified documents, PF institutions have the right to refuse to issue a certificate.

How can a man get an MK certificate in 2020?

Registration of the MK certificate and consideration of the mother’s application for the allocation of funds is within the competence of the territorial institutions of the Pension Fund. Can a man receive maternity capital from these authorities or is there a special procedure for this?

Obtaining maternity capital in this case will require the submission of the following documents:

• the applicant's general passport;
• SNILS;
• birth certificates of all minor children or judicial acts on their adoption;
• documents confirming the loss of the right to receive MK funds by the mother of the children (for example, a court decision on deprivation of parental rights).

In addition, when contacting the Pension Fund authorities, you will need to fill out an application indicating the grounds for the man’s right to MK funds.

Note! The specified documents for the father to receive maternity capital are provided when applying for an MK certificate.

Another set of documents is attached to the application for disposal of these funds.

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What can a father spend MK funds on?

For a man, the ways of managing MK funds are limited, compared to the mother of minor citizens.

The use of MK funds by the father in 2020 is allowed for the following purposes:

• improving the family’s living conditions (purchase or construction of housing, as well as its reconstruction);
• payment for children's education;
• acquisition of special means for social adaptation of children with disabilities;
• monthly payments for the second child in the family until he turns 1.5 years old (from 2020 - 3 years).

This method of disposal, such as directing MK funds to the funded part of the pension, is available only to women.

A man will not be able to exercise this right.

Can a father receive maternity capital in the form of cash? No, this method of disposing of MK is not allowed even when the mother of the children applies.

Do you need information on this issue? and our lawyers will contact you shortly.

Required documents

Receipt of maternity capital by the child's father for disposal for these purposes is possible only after submitting the following documents.

For the past 10 years, a state support program has been operating in the Russian Federation, which is a type of social and material assistance to families who support more children, regardless of whether the second and subsequent child was born in marriage or.

Due to recent changes in legislation in this area, a single father who is raising a second child can now count on receiving state support when certain conditions occur. In order to correctly prepare documents and receive social assistance, you must go through the procedure established by law. Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem

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There is a positive upward trend in the indexation of the certificate size.

In what cases is it necessary

Any legal relations in a rule-of-law state are regulated by laws and other by-laws. Does a man have the right to receive government assistance?

• A single father can receive maternity capital in two cases:
• In the first, the applicant father can count on receiving a certificate if he is a citizen of the Russian Federation and is legally considered the only parent or adoptive parent of the child, while the applicant for social assistance must have in his hands an official document containing information that he is the legal father.

In the second - in case the mother loses the right to receive a maternal certificate. The right to receive social assistance passes to the father automatically, regardless of citizenship.

In order to apply for social assistance, you must contact the pension fund. It is within his competence that the powers to formalize the relevant documents are legally enshrined. Moreover, you must apply at the place of registration.

The applicant must first prepare the following package of documents:

• application for social assistance;
• identification document of the applicant - passport;
• original documents confirming the birth or adoption of children - a birth certificate or a court decision on adoption;
• document confirming the death of the mother - death certificate;
• a court decision to deprive the mother of parental rights has entered into force.

The legislator provides 10 days the period during which the pension fund is obliged to review the submitted documents. If the provided documents meet the requirements of the law, the authorized body sends a notification to the applicant about the provision of social assistance.

The notification sent must contain information about the date of issue of the relevant certificate.

It should be understood that during the registration process it may be necessary to provide additional information, so it is advisable to consult with the pension fund employees before preparing a package of documents

How can a father receive maternity capital?

The most common question in pension funds is whether the father can receive maternity capital.

Due to recent changes to the legislation of the Russian Federation, now fathers of the second and subsequent children have the right to receive social assistance from the state under the maternity capital program. But such a right is given in strictly specified cases by law.

The father must be the only person who adopted the child, with mandatory confirmation of this fact by a court decision that has entered into force, but after 01/01/2007. The applicant must be a citizen of the Russian Federation.

The child's biological mother or adoptive parent should be disqualified from receiving government assistance. In this case, the right to assistance automatically passes to the father, regardless of whether he has Russian citizenship.

The legislation provides for cases in which the mother or adoptive parent of children loses the right to receive state assistance:

• upon the sudden death of a woman, or recognized as deceased by law;
• the presence of a valid court decision on deprivation of parental rights;
• the presence of a valid court decision on the commission of crimes directed against a child or one of the children;
• cancellation of the child’s adoptive parent status, which resulted in the right to assistance.

It is important to understand that a single father does not have the right to capital if, in relation to the previous child, whose stepfather he is, the order at birth or the establishment of guardianship over him has already been taken into account at the time of determining the fact of the woman’s right to state assistance.

A single father is deprived of the right to state support if the child born or adopted by him is recognized as left without parental care after the death of the mother.

The legislator has established a list of necessary documents that are submitted to the pension fund office at the place of registration of the father of the children, including:

• identification document of the person applying for state assistance;
• original certificate of compulsory pension insurance;
• court decisions or certificates confirming the fact of birth of children;
• a document confirming the death of the mother of the children - a court decision or a certificate confirming death.

Special situations

When the mother is not a Russian citizen

There are often situations when the mother of a child permanently resides in Russia, but is not a citizen of the Russian Federation. In this case, the law is unambiguous and establishes that one can count on state assistance if the mother and the born or adopted child have exclusively Russian citizenship.

It is at the moment of submitting the list of documents established by law to the pension fund that the condition of citizenship must be met, and not at the time of the birth of the child.

If the child was born on the territory of Russia and received the status of a citizen, the mother has the right to receive state assistance only after obtaining citizenship.

Second child

In practice, situations occur in which a father has a child from his first marriage, but the official marital relationship is dissolved, while another marriage is registered with a woman who already had a child and gave birth to a second joint one.

The question arises whether a father can receive maternity capital upon the birth of a joint child, now having a total of two children.

The legislator clearly regulates this situation and gives a clear answer - a man can apply for assistance if he is the sole adoptive parent of subsequent born or adopted children, provided that the right to receive state support has not previously been used.

Thus, he does not have the right to obtain additional assistance.

How can you manage it?

Applying for state support is one of the stages; it is necessary to clearly understand how the law allows you to manage these funds.

Among the possible options, legislation allows:

• Spend funds on improving living conditions. However, it is not prohibited to repay the debt on a mortgage or loan that was issued for the purpose of purchasing housing.
• Take advantage of the right to participate in a housing construction cooperative, carry out repairs, and share participation in the purchase of housing.
• Invest in . The law allows the use of financial assistance to pay for the services of educational institutions, kindergartens or to pay the cost of living for a child in student dormitories.
• Use funds in the formation of a funded pension.

The right to use the certificate is possible only when the child reaches three years of age, and cashing out funds is strictly prohibited by law

Any actions aimed at attempting to obtain funds are illegal and may lead to deprivation of the right to receive government support. Moreover, liability is provided for by the criminal legislation of the Russian Federation.

Judicial practice and problems

Granting the right to receive this kind of subsidy to men has given rise to a lot of controversial situations where the possibility of exercising such a right must be proven through the courts. It should be understood that this kind of support from the state is designed to help the whole family and its improvement.

For example, the Perm court heard a case about granting the right to receive assistance to a father who had three dependent children from different mothers who died under certain circumstances. The court sided with the plaintiff and granted the claim.

In another case, the plaintiff raised two children from different marriages, while one mother died and the other was deprived of parental rights. The court, without particularly bothering to understand the arguments of the single father, refused to satisfy the demands.

The extrajudicial procedure for registering maternity capital itself takes a lot of effort and time, not to mention the amount of confirmed information that may be required in the process of submitting documents to the pension fund authorities.

A father can receive maternity capital if the mother of the children is deprived of this right or the second parent is absent for objective reasons. This will require compliance with several conditions.

Conditions for the father to receive capital

The mother of the children has the primary right to receive a family capital certificate. It is from the woman that the Pension Fund accepts an application for registration of the document. In this case, the father of the family is allocated a share in the living space purchased with these funds. But a man, unlike his mother, cannot count on an increase in his pension. This is due to the fact that many fathers, although they are such according to documents, do not take part in raising their children. In case of divorce, in 90% of cases, the heirs remain with the mother, so a certificate is issued for her.

But under certain circumstances, the father has the right to register capital in his own name. These include the following situations:

1. the mother is declared dead or missing;
2. the mother has been deprived of parental rights;
3. mother is in prison;
4. the man is a single father, adoptive parent of orphans.

If the mother of the children is absent for various reasons, and the only guardian is the father, then he is the one who draws up the capital. This right is defined in Article 3.

But in some cases the certificate will be refused:

1. if the man is the stepfather of at least one of the children;
2. if the mother died and the children were officially recognized as orphans;
3. if the mother is not a citizen of the Russian Federation.

Special cases

Each case of issuing maternity capital to a man is considered individually. Judicial practice shows that many fathers win even complex cases in which all the required conditions are not met.

For example, a woman has been declared legally incompetent, is in a coma, or is undergoing treatment for drug addiction or mental illness. In fact, children have an official mother, but for objective reasons she cannot take part in the children’s lives. And the refusal to issue maternal capital is the reason for the infringement of the rights of a child who has the right to living space. But when applying to the Pension Fund, a man will most likely be denied the document. In this case, the only option left is to go to court. And the court's decision will likely be positive.

The second common reason for going to court is the foreign citizenship of the mother. In this case, she cannot claim capital. If a woman is deprived of parental rights, then the father can prove his right to a certificate through the court. The main condition is that the man is the official parent of his heirs.

Previously, capital was only maternal capital. But numerous legal proceedings with the head of the family forced the government to reconsider the rules for issuing the certificate. It began to be called “family”, and fathers can also receive it. They cannot refuse even if a man is raising two or more children from different wives. If the mother does not have the opportunity or right to raise children, the right to assistance from the state passes to the father.

What documents will be required

In order for a father to receive maternity capital, it is necessary to prepare a package of documents:

• statement;
• passport;
• SNILS;
• children's birth certificates;
• a document confirming the mother's lack of parental rights (this could be a death certificate, a court order depriving parental rights, a criminal record certificate, etc.).

What can a father spend his maternity capital on?

The father, as the recipient of family capital, has less choice in the use of the funds provided. A man can spend money to achieve two goals:

1. buying a home (with a mortgage or cash);
2. teaching children.

Moreover, a man can use the funds in two directions at once. For example, contribute part of the funds as a down payment on a mortgage, and spend the rest on the child’s education.

A woman has more rights - she can use the entire amount to increase her own pension.

If the mother of the family is not deprived of her rights and is alive, then she is allocated a share on a general basis when purchasing an apartment.

If the money was spent by the father without the consent of the mother, then she can go to court. For example, if you were in prison. But since the father only has the right to buy housing or pay for the education of his children using maternity capital, such a business is obviously a losing proposition. Exceptions are cases of document falsification, when the woman was in good health at the time of the issuance of capital and was not deprived of parental rights.

What to do if the father is denied a certificate?

If the conditions listed above are met, but the Pension Fund refuses to issue the certificate to the father of the family, then you should go to court. As already mentioned, such issues are almost always resolved in favor of the plaintiff.

You must always defend your rights and seek justice through the courts. Of course, if the main condition is met: the mother really does not have legal grounds to receive capital.

Obtaining family capital in the absence of both parents

If children do not have both biological parents, then the right to receive a certificate remains with the official adoptive parents. They will need to contact the Pension Fund and receive capital on a general basis.

After reaching adulthood, children themselves can receive a certificate if it was not previously issued. After the death of parents or deprivation of parental rights, the heirs themselves manage the capital funds. In this case, you will need to provide an extended package of documents confirming the absence of official representatives.

So, the father can receive family capital instead of the mother. This right arises provided that the woman is legally no longer the parent of the children or is declared dead or missing. And the Pension Fund has no right to refuse to issue a certificate to a man.

. . Date: April 23, 2017. Reading time 7 min.

In 2017, not only women who gave birth or adopted the required number of children after 2007 have the right to receive maternity capital, but also men who are fathers or adoptive parents of a similar number of children. This right for fathers (adoptive parents) arises on the basis of the norms of the current federal legislation: Federal Law-256 on additional measures of state support for families with children.

• applicant's passport;
• birth certificates of all children with notes on their Russian citizenship;
• acts of adoption of children (if any);
• documentation confirming the fact that the mother (adoptive parent) has lost her rights (depending on the specific circumstances that have arisen - for example, a death certificate, a judicial act on deprivation of parental rights, cancellation of adoption, etc.).

The certificate acts as legal confirmation that the family has the right to maternal capital.

Such a document indicates its owner (copyright holder) and the nominal amount valid for the next year. Periodically, the state carries out indexation to protect financial assistance from the negative impact of inflation.

You can find out the current size yourself on the website of the Pension Fund of Russia (PFR).

You can apply to the Pension Fund to obtain a certificate at any time from the moment a new addition to the family appears, which gives you the right to maternity capital.

As for the direct disposal of mat capital funds, it is possible after the child, at birth or adoption of whom the right to capital arose, turns 3 years old. The Pension Fund is allowed to submit a corresponding application when he turns 2.5 years old. But the transfer of material resources will still take place within the time limits allotted by legal norms.

Important: Before the age of three, the second and subsequent child can be sent maternity capital money to repay interest, debt, or a loan taken for the purchase or construction of a new home.

Targeted spending of funds

A man can only do the following:

• improving the family's existing living conditions through acquisition, construction, ;
• children receiving educational and related services;
• acquisition of social adaptation means for disabled children.

The exercise of the right to maternal capital in the first direction means:

• or even a share in it, if this really improves the family’s living conditions;
• reconstruction of an old household, apartment;

In the case of the construction and purchase of new housing, the use of both own and borrowed funds is allowed. To transfer funds for a loan, you must open a current (loan) account in a bank (credit organization) with options for non-cash debt repayment by any means, including mat capital.

The second direction provides the opportunity:

• pay for education and services accompanying the education of a child under 23 years of age in an educational institution that has a license and accreditation for educational programs;
• compensate for the costs of care and supervision for maintaining a child in kindergarten;
• spend money on the child’s accommodation in a dormitory by paying rent for premises and housing and communal services.

The key condition for the listed two areas is that the housing being purchased or reconstructed, the land plot on which construction is planned, and the educational institution where the child is studying must certainly be located on the territory of the Russian Federation.

The third direction is used only if in a family that has the right to mat capital, there are disabled children who need means of social adaptation and integration into society.

As for the fourth existing direction: only a woman can have such a right. The law does not provide for the possibility for a man to use maternal capital in this direction.

You can submit an application for an order in any direction (except for repayment of a targeted housing loan) only after the second, subsequent child reaches 2.5 years of age.

Important: Other directions for spending maternity capital funds are not provided for by law. In this connection, any attempts to spend this money bypassing the established rules are regarded by the state as deliberate fraudulent actions, and entail the perpetrators being brought to the appropriate type of legal liability.

Documents for managing funds

In order to have the opportunity to actually dispose of maternal capital funds, the applicant must submit another application to the Pension Fund at the place of residence. Attached to the application:

• applicant's passport;
• children's birth certificates;
• documents confirming the fact of concluding a transaction - a contract, an agreement with a seller or a construction or educational organization within one of the selected areas;
• if we are talking about the construction or reconstruction of housing, then it is also required to provide title documents for the old housing, including the land plot on which the house being reconstructed is located or where it is planned to build a new residential building, a permit for development, reconstruction;
• extracts from the Unified State Register for real estate (housing, plots);
• if the training contract does not contain information about the accreditation or license of the educational institution, then you must also provide copies of acts confirming these circumstances;
• credit agreement, loan agreement (if money must be transferred to repay such a debt);
• receipts, checks for payment for purchases of means of social adaptation for disabled children, as well as social and medical certificates confirming the child’s need for such things.

Important: The law provides for both a preliminary application for the purpose of sending money under a newly executed agreement, and compensation for expenses already incurred. Naturally, the costs must be incurred within the limits established by law no earlier than 3 years ago before the application to the Pension Fund.

Title documents for old housing and land may not be issued in the name of the direct applicant. It is allowed that the applicant's spouse owns the house and the plot. The main thing is to confirm your rights to real estate.

After checking the documentation, which lasts 1-2 months, the money will be transferred to the account of the seller or construction or educational organization. In the case of compensation for expenses already incurred, the money will be transferred directly to the applicant’s bank account. The same standards apply when constructing or reconstructing a building on your own.

Applicants for state financial assistance should be aware that it is impossible to receive family capital in cash, except in cases provided for by law.

Periodically, the Government of the Russian Federation is regulated. At the request of the person entitled to mat capital, this money is transferred to the applicant’s account. There are no one-time payments in 2017 (as of April 2017).

Another legal point: you can send money either in full or in parts. Moreover, if part of the money has been spent, it is not prohibited to repeatedly contact the Pension Fund to send the remaining funds until the personal account is reset.

Important: The balance of funds in the account with the Pension Fund is also subject to indexation in proportion to the increase in the amount of mat capital in full.

You can directly contact the Pension Fund by ordering the appropriate certificate. Also, every year, certificate holders are notified by Pension Fund employees about the balance of funds in their personal account. If the amount of such balance exceeds 30 rubles. In other cases, notification is not provided.

Still have questions? Watch a short report: “Daddy’s capital”:

The question often arises, can a father receive maternity capital?, since the mother sits with the children and cannot go somewhere for a long time. This is especially true when a woman is breastfeeding a newborn. But this is not the only case when a husband needs to receive maternity capital. It is worth considering in more detail the procedure for its registration and the cases when a father or another person can apply for a certificate.

Is it possible for a father to receive maternity capital?

Father registers maternity capital at MFC

The law provides that the father can also receive family capital, but this requires compelling reasons, namely:

• the mother lost the right to receive a certificate due to deprivation of parental rights;
• the mother is disabled and cannot move independently;
• mother died or was declared missing;
• the woman committed a deliberate crime against children;
• the man is the sole adoptive parent of minors.

Important. If the mother is disabled and cannot move, but she is alive, then it is necessary to issue a general power of attorney. It is possible to call a notary at home to formalize everything in accordance with the requirements of the law. The cost of paper is about 2,000 rubles.

Thus, if the mother of the children cannot independently apply for maternity capital, this can be done by the children's father or adoptive parent. But the usual desire due to a more lenient work schedule is not enough if you do not draw up a power of attorney. The mother gave birth to children, and in any case she will be included in the birth certificate. The father is not always indicated in it, so the woman is considered the main recipient of the money.

It is worth noting that deprivation of parental rights occurs only through court. Until there is an appropriate decision in hand, the mother is obliged to fulfill her duties to the minors. Moreover, after the court decision comes into force, she is obliged to continue to support the children in accordance with the provisions of the Housing Code of the Russian Federation.

Transfer maternity capital to the father - step-by-step instructions

The process of obtaining maternity capital is quite long. It is worth considering in more detail how everything happens.

Step 1. Consultation with a Pension Fund employee. Various branches of the Pension Fund may have their own sample applications and other documents. It is worth consulting in advance what you will need to provide. To do this, you can come for a consultation or call the hotline.

Filling out applications

Step 2. Collection of necessary documents. Their list will be given below. It is necessary to make copies of them in advance, since Pension Fund employees do not always agree to photocopy documents.

Collected documents

Step 3. Make an appointment with a specialist. If you go without an appointment, the ticket may not be enough. There are many people who want to register family capital, but there are not enough coupons. Registration is carried out through the State Services portal or the Pension Fund of Russia. But you need to understand that synchronization between two sites does not occur immediately, so sometimes two people are signed up for the same time. Pension Fund employees must accept both. It is also possible to submit documents to the MFC by making an appointment through the website of this organization.

Make an appointment

Step 4. Providing all necessary documents and filling out an application. It must be written in the presence of a Pension Fund employee.

Writing an application

Step 5. Waiting for a response and receiving a certificate in 30 days.

Certificate

After this, it is possible to manage budget money. You will need to collect documents again and provide them to employees of the Pension Fund or MFC. When contacting MFC employees, the answer will be 5 days later, since the courier must deliver papers to pension fund employees.

You can find out whether it is possible to sell an apartment or house purchased with maternity capital in a special one.

Power of attorney for registration of maternity capital

Power of attorney to receive maternity capital

Sometimes parents themselves cannot contact the staff Pension Fund to issue a certificate for maternity capital. Then you need to issue a power of attorney to a third party. It doesn’t matter whether it’s a relative or not. The power of attorney is certified by a notary, and the document itself must contain the following:

• Full name, date and place of birth of the parties;
• passport details;
• SNILS numbers (for Pension Fund);
• information that the principal provides the trusted person with the opportunity to act in his interests to register maternity capital;
• validity period of the document;
• signatures of the parties and the notary.

Documents for obtaining maternity capital in 2019

Certificate for maternal capital

To obtain a certificate, the list of documents is standard and does not change. But it can be supplemented by information about the impossibility of receiving it by the mother and a power of attorney.

Documents for obtaining a certificate for maternal capital

Important. There will be a different list of securities for managing money, which varies depending on the purposes for using budget money. They can be used immediately only to pay off mortgage debt, for a down payment when obtaining a housing loan, or for the rehabilitation of a disabled child.

What is the amount of maternity capital in 2019

Contacting the Pension Fund for money management

For several years, the size of maternity capital has been increasing, but indexation has been frozen for several years now. This is due to the difficult economic situation in the country. That's why nominal the cost remains unchanged and real decreases. Due to rising prices, the same money can buy fewer services or goods. It is worth considering in more detail how the size of maternity capital has changed.

Interesting information

That is, in 2019 and 2020 the size of maternity capital will remain unchanged. Considering that the economic situation is now changing rapidly, and it is difficult to predict, many people apply to manage public money immediately, without waiting for the child to turn three years old. That is, these citizens are buying new housing.

Where can you spend maternity capital in 2019?

Announcement about the opportunity to legally cash out maternity capital

Information on where budget money can be spent is provided in FZ-256. The data is periodically updated and supplemented. In March 2019, the use of money was tightened. Thus, it is no longer possible to repay debt to the IFC and MCC if the loan is not targeted. It is required to prove that the money received was used to improve living conditions.

Today, many people use this method of cashing out maternity capital. Thus, more than 70% All criminal cases relate specifically to the misuse of money. Prosecutor's office officials periodically review applicants' cases. If it is discovered that money is being used for other purposes, criminal cases are initiated. But more details about punishments will be described below.

Here's what you can use maternity capital money for today:

What can you spend maternity capital on?

No need to wait three years only when closing a mortgage, buying a new property or purchasing funds for the rehabilitation of a disabled child.

Putin's monthly payments from maternity capital funds

Putin talks about the new benefit during a live broadcast

Today it is possible to receive maternity capital in cash. This is a presidential payment for low-income citizens. Families whose income per member is less than 1.5 subsistence minimums can apply for it. This benefit must be submitted to employees of the social benefits department. At the same time, you can get money up to 18 months. That is, until the child is 1.5 years old or until the money in the maternity capital account runs out. The size of the payment varies in the regions, since the cost of living is different everywhere. Its average size is 10.5 thousand rubles monthly.

To apply for such a benefit, you must provide the social benefits department employees with the following:

• ID cards of all family members;
• income information;
• application (filled out on site);
• certificate of family composition.

Important. If there are adult citizens in the family who do not work, then it is impossible to receive payments. An exception is if an adult is registered with the employment center. Then it is possible to receive money. You need to understand that these payments are not from the budget, but from maternity capital. That is, its amount decreases. If you make payments for all 18 months, you will spend almost 200,000 rubles.

Some people are wondering whether it is possible to receive a one-time payment of 25,000 rubles to the father from maternity capital. No, this payment is no longer valid. This was a measure of social support for the population during the economic crisis. But now the situation in the country has stabilized, so it is impossible to claim it. Let us remind you that previously money was issued as a lump sum as a measure of social support. Moreover, they could be used for any purpose without providing a report.

Denial of disposal of maternity capital: reasons

Sometimes Pension Fund employees refuse provide a maternal certificate to the father or other applicant. This happens when:

• lack of necessary documents;
• the family has previously received a certificate;
• absence of Russian citizenship of the father or children;
• there are errors in the application;
• detection of document forgery.

Each case is considered separately. If a refusal comes, it must be motivated. If the applicant thinks that the reason for the refusal is illegal, he goes to court or the prosecutor's office. After checking the documents, the issue of initiating a criminal case is decided due to the PFR employee exceeding his official powers. After the court makes a decision on the possibility of obtaining a certificate, it is necessary contact again to the MFC or the Pension Fund for its registration.

Misuse of maternity capital: responsibility

The judge announces a verdict on the intended use of maternal capital funds

The law provides for liability for violation of the law in the field of obtaining maternity capital. The main article under which people are held accountable is Article 159 of the Criminal Code of the Russian Federation (fraud). It means:

• imprisonment up to 10 years;
• fine up to 120,000 rubles.

It will also be necessary to return maternity capital to the state. This requirement is legal and actively applied in practice. Therefore, you should not use semi-legal cash-out schemes. Approximately at 90% cases this is detected and a criminal case is initiated. At the same time, the owner of the certificate, who contacted the Pension Fund of Russia to manage the money, and the owner of the company that participated in the criminal scheme are held accountable. But the latter is less likely to be involved, since everything is legally drawn up correctly and it looks as if the owner of the company did not know about the applicant’s intention to deceive the state.

Maternity capital for the third child 2019

Certificate for regional maternity capital

The law provides for the receipt of maternity capital for the third child. This is regulated by regional legislation. Therefore, payments may vary significantly in different regions. However, there are various additional requirements for recipients.

Table 2. The size of regional maternity capital in different regions.

The subject of the Russian Federation	Amount (rub.)	Special conditions
Altai region	55375
Amur region	100000	Payment for those registered as needing improved housing conditions
Arhangelsk region	50000	Residence in the region for 3 years, having the status of a large family
Buryatia	50000	Residence in the region for 1 year, income per family member less than 1.5 minimum wage
Jewish Autonomous Region	120000
Irkutsk region	100000	Duration of residence in the region from 1 year
Kamchatka Krai	132000	Registration for 3 years or more
Komi Republic	150000
Krasnoyarsk region	131000
Kemerovo region	130000

Important. Regions may refuse to provide money, replacing it with a plot of land and vice versa. This is provided for by internal laws. However, it is not a fact that the land plot will be within the city. It may be within a subject of the Russian Federation, which is often the subject of legal disputes. When the region is large, and a plot of land is provided at the other end, then the likelihood that the family will use it is minimal. Moreover, selling it will also be problematic.

It is necessary to approach the trial carefully, collecting the appropriate evidence base. It is worth using the services of a practicing lawyer. He will help assess the chances of a favorable outcome and will be ready to handle the case, representing the client’s interests in court. This is relevant given that the defendant is the municipality.

Maternity capital: question and answer

Consultation with a Pension Fund employee

There are several questions that concern many fathers before applying for a certificate for maternity capital. It is worth considering them in more detail.

1. Can a father apply for maternal capital? Yes maybe. This opportunity is available to adoptive parents, guardians and trustees identified by employees of the guardianship department. You can contact us at any time after the baby is born.
2. Can everything be done online? No you can not. It is required to provide original documents to employees of the Pension Fund or MFC.
3. Can they refuse to provide a certificate? If everything is done correctly and the required documents are presented, then there is no need to worry.
4. Is it possible to use the money immediately? If it's not against the law, then yes. It is necessary to understand that some disposal methods are available only three years after the birth of the second child.
5. Where to go to manage money. If you plan to use them not to receive monthly payments, then you need to contact employees of the Pension Fund or MFC. To apply for a presidential payment, you need to write an application to the department of benefits and social payments.
6. If there is no mother, is it possible to send money to the father’s future pension account? Yes, this is possible when the mother is dead or the father is the only adoptive parent.

Thus, the father of the children can receive a certificate for maternity capital. If the program will be canceled, then the issued certificates will remain relevant. This is stated in FZ-256. That is, the money will be budgeted for them, and the family will be able to use it at any time convenient for them. But you need to understand that the size of maternity capital has not been indexed for several years. This means that the real value of money is gradually falling. Therefore, if there is an opportunity and need, it is better to use the funds now.

Legislation in the field of Federal Law 256 changes quite often, so you need to closely monitor updates. This will allow you to make the most of your budget money. Thus, deputies of the State Duma of the Russian Federation are actively discussing expanding the possibilities for using matkapitla. For example, to buy a car. But now this is at the draft stage, since there are many controversial issues on which the people’s representatives cannot come to a common opinion.