How not to use maternity capital. Maternity capital: easy to get, but not easy to spend
Maternal capital is one of the measures of state support aimed at increasing the birth rate. This money can be used for one or several purposes at the same time.
General procedure for the use of maternity capital
Maternity capital can be used exclusively for the following purposes (part 3 of article 7 of the Law of December 29, 2006 N 256-FZ):
- improvement of housing conditions in the territory of the Russian Federation;
- getting education by a child (children);
- formation of funded pension;
- purchase of goods and services intended for social adaptation and integration of disabled children into society.
You can start using maternity capital no earlier than three years after the birth or adoption of a second, third child or subsequent children. The exception is cases when the funds of the maternity capital are directed to pay the down payment and (or) pay off the main debt and pay interest on loans (loans) taken for the purchase and construction of housing, as well as for the purchase of goods and services intended for social adaptation and integration to the society of children with disabilities. In such a situation, you can use maternity capital immediately after the birth of the child, without waiting for him to reach the age of three (part 6, 6.1, article 7 of Law N 256-FZ).
At the same time, the allocation of maternity capital funds for the repayment of the main debt under the purchase and sale agreement until the child reaches the age of three is unacceptable (paragraph 4 of the Review, approved by the Presidium of the Supreme Court of the Russian Federation on 06.22.2016).
There are no other restrictions on the terms of use of maternal capital. The owner of the certificate can use it at any time at his discretion.
Maternal capital can be spent simultaneously for several purposes (part 4 of article 7 of Law N 256-FZ). For example, part of the funds is allowed to be spent on improving housing conditions, and part on getting an education by a child.
Note!
Maternal capital as a measure of state support of a targeted nature is not part of the joint property of the spouses, and therefore is not subject to division in case of divorce (section 2, Art. 34, Art. 38 SK RF; paragraph 1 Letters of the Federal Tax Service of 07.07.2016 N 2305 / 03-16-3).
Example. Certificate of maternity capital obtained before the dissolution of marriage
Spouses with two minor children divorced in court. By decision of the court, children must live with their father. At the same time, the mother of the children has a certificate of maternity capital received before the divorce. This certificate should remain with the mother. The legislation does not provide for the division of a certificate between spouses.
For disposal of maternal capital, the following documents are submitted to the territorial authority of the PFR (paragraph 2 of the Rules approved by Order of the Ministry of Labor of Russia dated 02.08.2017 N 606n; paragraph 6 of the Rules approved by Decree of the Government of the Russian Federation of 12.12.2007 N 862):
- written statement on disposal of maternity capital;
- identity documents, place of residence (stay) of the certificate holder or representative of the certificate holder and a document confirming his authority;
- if necessary: \u200b\u200bdocuments proving the identity of the spouse of the certificate holder, documents confirming the family relationships of family members of the certificate holder (in particular, marriage certificate), as well as permission from the guardianship authority to spend maternity capital funds in the selected areas, if an application for disposal is submitted guardians (trustees) or foster parents of minor children, documents confirming the acquisition by a minor child (s) of full legal capacity if the application is submitted by a minor child (s).
Note. When applying for the disposal of maternity capital, we recommend that you also have a child’s birth certificate with you.
In addition to the above documents, depending on the chosen direction of spending funds, documents will be required confirming the purpose of using maternity capital.
An application for disposal may be submitted / sent to the territorial authority of the PFR (clause 6, of Regulation No. 606n):
- in person or through a representative (at the place of residence / stay or actual residence);
- by mail;
- through the MFC;
- in the form of an electronic document.
In the first three cases, the necessary documents are attached to the application. In the latter case, the application is sent to the territorial authority of the FIU in the form of an electronic document through the Unified portal of state and municipal services or the FIU information system “Personal account of the insured person”. Then the official of the FIU sends the applicant in electronic form a notification of the receipt of his application indicating the date of submission to the FIU of the necessary documents. The deadline for their submission should not exceed five business days from the date of receipt of the application by the FIU.
Note. Applicants who have left for permanent residence outside the Russian Federation and do not have a residence (stay) confirmed in the territory of the Russian Federation by registration, submit an application directly to the FIU and submit an application about their place of actual residence in the Russian Federation (clause 7 of Regulation N 606n).
The PFR territorial bodies consider the application for disposition within one month from the date of receipt of the application with all necessary documents. Based on the results of the review, a decision is made to satisfy or refuse to satisfy the application, which you will be notified within five days from the date of the decision. If the decision is positive, the money must be transferred to the chosen goal within 10 working days from the date of the decision to satisfy the application (parts 1, 3 of article 8 of the Law N 256-FZ; paragraph 17 of the Rules N 862; paragraph 9 of the Rules, approved Decree of the Government of the Russian Federation of 24.12.2007 N 926).
Note!
The use of maternity capital in various illegal schemes for the purpose of cashing out funds and their misuse (for example, to purchase a car, furniture, etc.) may entail the demands of the FIU authorities to return the corresponding amounts. If the actions of the certificate holder are recognized as fraud, criminal liability is provided in the form of: a fine, or mandatory (correctional, forced) work, or arrest. Punishment in the form of restriction or imprisonment is also possible (art. 159.2 Criminal Code of the Russian Federation). However, under certain circumstances, a court may exempt from criminal liability (art. 76.2 of the Criminal Code).
Improving housing conditions on the territory of the Russian Federation due to maternity capital
To the improvement of housing conditions on which maternity capital can be used, the law includes the following cases (Article 10 of the Law N 256-FZ; paragraph 8 - Rules N 862):
1) the acquisition of housing;
2) the construction of a residential building with the involvement of a construction organization;
3) construction or reconstruction of an individual housing project without involving a contractor organization;
4) compensation of costs for the construction or reconstruction of the individual housing construction (IZHS);
5) payment of the down payment upon receipt of a loan or a loan, including a mortgage, for the purchase or construction of housing;
6) repayment of principal and interest on loans or borrowings, including mortgages, for the purchase or construction of housing;
7) payment for participation in shared construction;
8) payment of an entrance fee as a participant in housing, housing construction, housing savings cooperatives, etc.
Note!
Acquired (built, reconstructed) residential premises using maternity capital funds should be made into the common property of the certificate holder, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of shares by agreement. The legality of the purchase and sale of housing using the funds of maternity capital, as a result of which only the children of the certificate holder become owners of the property, can be called into questionLetter FNP dated 07.02.2013 N 216 / 06-11).
At the same time, the common property of the certificate holder, his spouse, children must be executed, including a property that is not completed and not put into operation (p. 5 Review Approved Presidium of the Supreme Court of the Russian Federation 07/06/2016).
In order to use maternity capital for the above purposes, in addition to the standard set, the territorial branch of the FIU will need to submit an additional set of documents that will depend on the type of improvement of housing conditions you have chosen (paragraph 8 -, -, - of Regulation No. 862).
Education by a child (children) at the expense of maternity capital
Maternity capital can be used to pay for the education of the child (s), including the first, second, third child and (or) subsequent children, in educational institutions in the Russian Federation that are licensed and state accredited. You can pay for the education of both your own and adopted children, provided that at the start of education the age of the child does not exceed 25 years (parts 2, 3 of article 11 of Law N 256-FZ).
Maternity capital funds can be used to pay for the maintenance of the child and (or) supervision and care for him in the educational organization of preschool education and (or) primary general, basic general and secondary general education (Clause 8 (1) of the Rules N 926). You can also pay for accommodation and utilities in a hostel provided by a nonresident for the period of study (paragraph 6 of the Rules N 926).
To use maternity capital for the education of children, in addition to the standard set, depending on the type of educational services you have chosen, you must submit to the territorial branch of the PFR:
- documents confirming the purpose of using maternity capital to pay for the hostel and utility bills in the hostel (paragraph 7 of the Rules N 926);
- an agreement between the educational organization and the owner of the certificate, including the calculation of the amount of the fee and the organization’s obligation to maintain the child and (or) to look after and care for him (paragraph 8 (2) of the Rules N 926).
Note. The agreement also recommends indicating the amount of funds allocated by PFR authorities to pay for child support in an educational institution, the term for sending funds and the possibility of an educational institution returning unused funds to territorial PFR authorities in case of termination or expiration of the contract (Letter PFR and the Ministry of Education and Science of Russia dated 01.27.2012 N N LCH-28-24 / 843, MD-36/03).
Formation of funded pension at the expense of maternity capital
Maternity capital can be used to form a funded pension. This purpose of the use of maternity capital should be indicated in a statement submitted to the territorial authority of the FIU. Only mothers or adoptive parents can use maternity capital in this way (part 1 of article 12 of Law No. 256-FZ).
Note!
Until the day the funded pension is assigned, you can refuse to use the funds of the maternity capital in the indicated direction and direct them to other purposes prescribed by law (h. 2 tbsp. 12 of the Law N 256-ФЗ).
If, at the time of the assignment of the funded pension, the woman did not manage to dispose of the maternity capital, then when assigning the funded pension she has the right to take into account the funds of the maternity capital as part of the pension savings (h. 5 tbsp. 12 of the Law N 256-ФЗ).
The acquisition of goods and services for children with disabilities through maternity capital
Maternity capital can be used to purchase goods and services approved for circulation on the territory of the Russian Federation that are intended for social adaptation and integration of disabled children into society, in accordance with an individual rehabilitation program. The use of maternity capital funds is carried out by compensating the costs of the purchase of these goods and services (paragraph 4 of the Rules, approved by Decree of the Government of the Russian Federation of April 30, 2016 N 380).
Documents confirming the purchase of goods include contracts of sale, commodity or cashier's checks or other documents confirming payment. The presence of the purchased goods is confirmed by an act drawn up by the authorized body in the field of social services. The purchase of services is confirmed by the agreement on their provision (part 2, 3 of article 11.1 of Law N 256-FZ).
Regional capital differs from state size and terms of receipt. In many regions, the subsidy is issued only at the birth of a third child, in addition, requirements are set for family income or residence time in the territory of the subject. Ways of spending can be different, some areas provide an opportunity to buy a car, others allow you to spend money only on improving housing conditions.
The federal program to increase the birth rate has been operating in the country for 10 years. In addition to it, each region has introduced its own measures to support families with children. However, if the state allocates funds strictly at the birth of the second or subsequent children, then the subjects can establish their own rules.
Maternal capital or regional capital is a measure of family support implemented by the regional authorities, which complements a similar state program.
Regional option of maternal capital
The region’s right to publish its own regulatory acts is implemented in different ways: for example, in Dagestan the amount of payment is established by decree, in the Rostov region - by law, in the Leningrad and Belgorod regions - by the social code. Therefore, the name of the documents will be different.
Creating their own areas of family support, the regions proceed from their financial capabilities, because the incomes of different entities are very different from each other. There are also such regions that cannot fully cover expenses at the expense of incomes; therefore, subsidies are allocated to them.
In addition to the amount of the subsidy paid to families, the regional authorities determine the conditions for its provision, the procedure and directions for spending. There are also many differences in this regard. This is especially true for the order of use: in some regions, you can get money when the child reaches the age of one and a half, and not three years.
Regarding the number of children in a family, one can state almost complete unanimity: most regions pay money for a third child, rarely for a second.
Note! In addition to regional maternity capital, there are other measures to support large families in the regions.
What is the difference between regional and state capital?
Maternity capital issued to families by state and region is different. These are two complementary programs that cannot be interchanged:
- The difference lies in the source of funds and the amount. For the federal family support program, money is allocated from the country's budget, and for the regional one, from the budget of a particular region. The amounts differ: the state allocates 453,026 rubles, the regions are several times smaller. Basically, the amount of payment of the subject is not more than 100 thousand rubles.
- Direction of spending. If we talk about family capital allocated by the state, then they are determined by federal law. With regard to regional assistance, such areas are determined by the entities themselves and can be supplemented or reduced. For example, in some regions, the funds received can be spent on gas, electricity, water or sewage, while in others it can only be spent on improving housing conditions. However, most of the directions coincide.
- The terms also vary, after which the family can dispose of the allocated funds. The term for the federal mother capital is three years, for the regional - it depends on the characteristics of the subject. Mostly also three years, but there are exceptions.
- The conditions for obtaining are also different. A regional subsidy can only be given to families with a certain level of income or living on its territory for a specified amount of time.
Important! Regional family capital, like state capital, is issued to the family only once.
Maternity capital in the regions
The subjects of the Russian Federation also support large families. As part of their authority, the legislature adopts local social laws. Regarding regional capital or maternity capital, it can be noted that it is issued almost everywhere. The program does not work, but other family support measures are applied there.
All benefits assigned by the region have a single basis - the birth of a child in the family. However, the terms of provision, size and manner of spending will be different. The table selectively presents information on regional capital assigned in individual entities of the country.
Table 1. Information on regional maternity capital in individual regions
Subject | The period of birth (adoption) of the third child | Benefit amount in 2017 | Terms of Service | When can I spend |
Republic of Kalmykia | From 01/01/2012 to 12/31/2018; | US $ 62,348.88 | Special conditions apply only to families in which children appeared in 2017: per capita income not exceeding 1.5 living wage | After 3 years |
Belgorod region | after 01.01.2012 | 55 388 rub. | A woman must officially reside in the area for at least three years | After 3 years |
Kaliningrad region | after 01/01/2011 | The third or fourth child - 100,000 rubles., The fifth and subsequent - 200,000 rubles. at the birth of triplets - 1,000,000 rubles. | The average per capita income of a family is not more than 3.5 times the subsistence level | After 1 year |
Leningrad region | The period is not set. Adopted must not be older than three months | 117360 RUB | Citizenship of the Russian Federation | After 1.5 years |
Pskov region | Period not set | 100,000 rub. | The average per capita income is not more than the cost of living | After 3 years |
Rostov region | after 01.01.2012 | 117 754 rub. | The average per capita income of a family is not more than a living wage | After 3 years |
You can get acquainted with the information on regional maternal capital in relation to all subjects of Russia.
Important! Many regions provide financial support to families only at the birth of their third child. In addition, this assistance is conditional, that is, in order to receive money, certain criteria must be met: family income, registration in the region.
What can regional capital be used for?
Directions for the use of regional subsidies in most entities are the same. The most popular are the following ways of spending regional benefits:
- Improving the living conditions of the family, including the purchase, construction, repair, payment of the first or subsequent installments,. In the Belgorod Region, according to the Social Code, funds can only be spent on housing.
- Acquisition of land for or cottages. This method is not available in all regions, but it is possible, for example, in Kalmykia.
- Education of the child, while he can receive education at any level, starting from a music school, ending with a higher educational institution.
- Treatment or rehabilitation of a disabled child, in addition, the funds received can be used to purchase special means of transportation or devices.
- The acquisition of a car or household appliance that has a long service life. This direction is not available in all regions, for example, in the Leningrad Region, a family can purchase the specified equipment if one of the children is disabled or the number of children is more than five.
- Some regions allow spending allowance on engineering communications. This includes: gasification, electrification, water supply, sanitation, the construction of wells and boreholes. Such conditions are seen in the Rostov region, the Republic of Kalmykia.
Note! Improvement of housing conditions, treatment and education of children is available in almost all subjects. To get more accurate information, you need to refer to the law of the subject.
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Table 2. What can be spent on regional maternal capital (full list of regions).
Subject | Size, rub | How to spend | When to use | Terms & Features |
Altai region | 55387,5 |
| after 3 years | |
Amurskaya Oblast | 100000* | housing improvement | no limits | valid until 12.31.2016 |
Arhangelsk region | 50000 | personal needs | can be used after 2 months from the date of birth or 1 year from adoption | the presence of Russian citizenship; stay in the area for at least 3 years; obtaining the status of a large family |
Astrakhan region | 58764 | methods are not limited | after 2 years | large families subject to registered marriage or single mothers living in the region for more than 3 years; income below the subsistence level |
Belgorod region | 55388 | housing improvement | after 3 years | permanent residence in the area for at least 3 years |
Bryansk region | 100000 |
| after 3 years | to pay interest and loan installments you can use the money earlier |
Vladimir region | 50000 | not limited | after 1.5 years | permanent residence in the area |
Volgograd region | 70000 | defined by social protection centers | after 3 years | valid from 01.01.2016 |
Vologda Region | 100000 | not installed | after 1.5 years | at birth twins give a benefit for everyone |
Voronezh region | 100000 |
| after 2 years | stay in the area for at least 1 year |
Jewish AO | 120000 |
| after 3 years | accommodation in the area |
Transbaikal region | 50000 | for family needs | not installed |
|
Ivanovo region | 50000 | any goals | from birth to 3 years | stay in the area for at least 3 years |
Irkutsk region | 100000 |
| after 3 years | valid until 12/31/2018 |
Kabardino-Balkaria | 250000 | housing improvement | within a year after receiving the certificate | only 5 children are given a subsidy |
Kaliningrad region | 3 and 4 - 100,000 Triplet - 1,000,000 |
| after 1 year |
|
Kaluga region | 50000 | not installed | during a year | accommodation in the region |
Kamchatka Krai | 1st - 100,000 |
| no restrictions set | the program is valid until 2015, the subsidy also applies for the birth of a first-born woman by a woman aged 19 to 24 years |
Karachay-Cherkessia | 100000 | not limited | after 3 years | the subsidy is due for the 4th child |
Kemerovo region | 130000 | housing improvement | not installed | accommodation in the area |
Kirov region | 3rd - 75,000 | not installed | for children born before 12/31/2016 payments are provided from 6 months to 1 year; for children born after the specified date, payments are made after 1 year until the child reaches 2 years | stay in the region for at least 1 year |
Kostroma region | in the amount of down payment, but not more than 200,000 | housing improvement | not installed |
|
100000 |
| after 3 years | accommodation in the region | |
Krasnoyarsk region | 100000 |
| after 3 years | accommodation in the region |
Kurgan region | in the amount of 18 sq.m. housing | housing improvement | undefined |
|
Kursk region | 75000 For triplets - 100,000 |
| after 3 years | accommodation in the area |
Leningrad region | 117360 |
| after 1.5 years |
|
Lipetsk region | 50000 For twins - 100,000 Over triple 120,000 | not installed | not installed |
|
Magadan Region | 100000 |
| not installed | the allowance is also given for the first child born to women under 25 |
100000 |
| After 3 years | birth of a second child | |
Murmansk region | 100000 |
| not installed | accommodation in the region |
Nenets Autonomous Okrug | 300000 |
| in a year | stay in the district for at least 1 year |
For the 2nd - 25,000 For the 3rd - 100,000 |
| from birth to 3rd; After 1.5 years for the 2nd child | accommodation in the area | |
Novgorod region | 100000 200,000 - if the family will improve housing conditions |
| not installed | stay in the area for at least 2 years |
Omsk region | 100000 |
| after 3 years | |
Orenburg region | 116 866 |
| after 3 years | birth of 3 children and accommodation in the area |
Perm region | 100000 |
| after 2 years | birth of 3 children and accommodation in the area from 5 years |
Primorsky Krai | 150000 |
| in a year | birth of 3 children and residence in the region, citizenship |
Pskov region | 100000 |
| after 3 years | family income less than a living wage |
Republic of Adygea | 50000 | not installed | not installed | birth of 3 children and residence in the Republic |
Altai Republic | 50000 |
| after 3 years | birth of 4 children and residence in the Republic for at least 1 year |
Republic of Bashkortostan | 100000 |
| not installed | subsidy paid for adoption of a child |
The Republic of Buryatia | 50000 |
| not installed |
|
The Republic of Dagestan | for 5 - 10000 For 10 - 300000 For twins - 20,000 Over triple 100000 | not installed | within a year after birth | residence in the Republic |
Republic of Kalmykia | US $ 62,348.88 |
| after 3 years | special conditions apply only to families in which children appeared in 2017: per capita income not exceeding 1.5 living wage |
Republic of Karelia | 105500 |
| in a year | Living in the Republic, the birth of 3 children |
Komi Republic | 150000 |
| six months later | Permanent residence in the Republic, birth of 3 children |
Mari El Republic | 50000 | not installed | not installed |
|
The Republic of Mordovia | For the 3rd - 125270 For the 4th - 150324 For the 5th 187906 |
| after 3 years |
|
The Republic of Sakha (Yakutia) | 100000 |
| not installed |
|
Republic of North Ossetia-Alania | 50000 | for family needs | after 3 years |
|
Tyva Republic | 50000 |
| after 3 years |
|
The Republic of Khakassia | 100000 For small villages - 200,000 |
| its installed |
|
Rostov region | 117754 |
| after 3 years | family income below the subsistence level |
Ryazan Oblast | 61173,57 |
| after 1 year |
|
Samara Region | 100000 |
| after 1 year |
|
100000 |
| after 3 years |
|
|
Saratov region | 100000 |
| after 3 years |
|
Sakhalin Oblast | 204263 |
| after 3 years |
|
150000 |
| after 2 years Regardless of the term, if money is required to repay a loan or rehabilitate a disabled child |
|
|
Smolensk region | 163 300 |
| after 3 years |
|
Stavropol region | ||||
Tambov Region | 100000 | home acquisition, gasification, repair | not installed |
|
Tver region | 50000 | improvement of living conditions; engineering communications; purchase of furniture and household appliances; buying a car and agricultural machinery or animals | in a year |
|
Tomsk region | 100000 |
| after 3 years |
|
Tula region | 50000 |
| not installed |
|
Tyumen region | 40000 | for family needs | not installed |
|
Udmurt republic | 300000 | for repayment of debt under a loan agreement | not installed |
|
Ulyanovsk region | On the 2nd - 50,000 On the 3rd - 100,000 On the 4th - 150,000 On the 5th 200,000 On the 6th - 250 00 On the 7th 700,000 |
| after 1.5 years | accommodation in the area |
Khabarovsk region | 200000 |
| after 2 years |
|
Khanty-Mansi Autonomous Okrug-Ugra | 100000 |
| after 1 year |
|
Chelyabinsk region | 50000 |
| Not installed |
|
Chuvash Republic | 100000 |
| after 3 years |
|
Chukotka Autonomous Okrug | 100000 | for family needs | after 2 years |
|
Yamal-Nenets Autonomous Okrug | 350000 |
| after 1 year |
|
Yaroslavskaya oblast | 56606 | for family needs | not installed |
|
* The amount of capital is indexed. Contact your local lawyer for the exact amount.
Accepted abbreviations: PP - Decree of the Government, PA - Decree of the Administration.
Posted by:. Higher legal education: Northwest Branch of the Russian Academy of Justice (St. Petersburg) Experience since 2010. Contract law, tax and accounting advice, representation in government agencies, banks, and notaries.
June 24, 2017.
Family capital - state support for the family in which a second child was born from 2007 to 2016. Every year, the amount of maternity capital increases, and in 2016 it will amount to 453,026 rubles. The period of maternity leave (up to one and a half years) is counted in the length of service, for which pension points are awarded.
Useful Maternity Capital Information
- The privilege to receive state assistance can be obtained only once.
- An increase in capital does not entail a replacement certificate.
- The period of applying for a certificate after the birth of the second and subsequent children is not limited.
- A request for the disposal of state aid money may be filed even more than three years after the appearance of the child.
- Capital is not subject to personal income tax.
- The certificate is valid if you present an identity document.
- The certificate is not valid after: death of the holder, deprivation of parental rights, intentional crime against his children, cancellation of adoption, full use of capital.
- If the certificate was lost, you can get a copy.
- The receipt of family capital occurs by bank transfer.
Who needs state aid?
In accordance with the Law “On Additional Measures of State Support to Families with Children”, assistance is provided:
- A family, if a second child was born in it after the beginning of 2007.
- Maternity capital is also paid to the only male adoptive parent of the second or next child.
- A family, if a second child or a third child was adopted in it after the beginning of 2007, provided that no second state aid was appointed.
- Maternity capital for 3 children born in the family is laid only if it is not received for the second child.
- The father of the second or third child whose mother died was deprived of parental rights or committed a crime against her baby.
Regional family capital
Many families have the privilege of receiving maternity capital for 3 children and subsequent children, not only from the state, but also from the region in which they live. But in some areas, regional assistance is also provided for families with two children. The procedure for receiving assistance is established by the regional authorities.
Payment of state aid in 2016
The amount of maternity capital depends on indexation. The coefficient is budgeted without fail. But due to the unstable situation, indexing can be canceled.
This year a number of radical proposals were made:
- Early cancel the payment of capital.
- Introduce the criteria of targeting and need.
- Suspend the current indexation order of the amount.
However, these proposals, fortunately, did not find support.
Extension of payments after 2016
Due to the financial crisis in the country, the likelihood of extending payments after this year is reduced. Although this program should increase the birth rate of second and subsequent children in families. But in 2015, discussions were going on about changing the state aid payment program after this year. The following changes were proposed:
- To give the right to receive capital after the birth of a third child from 01.01.17.
- Raise the amount of capital to 1,500,000 rubles. Cancel annual indexing. Until the end of 2026, the amount should be fixed.
- Reduce the permitted list of state aid use only to improve housing conditions.
Changes in state aid in 2016
How to spend maternity capital? This question is asked by many families, but it is worth considering that it can be spent only three years after the birth of the second child and receipt of the certificate.
In this case, if the child was born this year, then payment will be made only after three years, that is, in 2019. An exception is only a case with a loan for a residential building. Such changes were made to the parent capital: before March 31, 16, it is worth contacting the territorial offices of the PFR with a request for payment of 20 thousand rubles. from the capital to the family whose child was born before 12/31/15, and the funds under the certificate have not yet been used. Such an exception is considered anti-crisis and allows the use of money for the current needs of the family.
Terms of payment of maternity capital
Who can be paid maternity capital? Moreover, this year it is a decent amount, because of which there is a lot of controversy in families. Having not yet received the funds, people dream of new opportunities for their family. But it’s worthwhile to understand that in order to spend state aid, you must adhere to certain program conditions that allow you to spend money only on a narrow range of needs.
Maternity capital, the terms of use of which are prescribed by law No. 256, can be obtained by people who meet the following requirements:
- Claimants must have legal privileges.
- Persons applying for payment must have Russian citizenship both at the time the child is born and at the time of adoption.
- Also, the child must be born or adopted from 2007 to 2016.
Cash is allocated to every Russian family, not even necessarily living in the country. Also, capital is paid only for one child, all subsequent assistance for the birth of the following children can only be regional.
What can you spend maternity capital on?
The resulting family capital is allowed to be spent on such purposes:
- Improving housing conditions. It is permissible to build or repair a house for maternity capital.
- Education for children.
- Formation of mother's pension.
The first item also includes the opportunity to spend maternity capital on an apartment.
Assistance can be used as compensation for construction that occurred after 2007. It is allowed to spend money on the reconstruction and increase in living space. You can build a house for maternity capital either on your own, or you can hire workers. If you use contractors, then the amount for the services rendered will go to their account. If the construction is carried out independently, then you get 50% of the amount immediately, and the remaining 50% after six months, if it is possible to confirm the construction work.
Maternity capital for an apartment is allocated if it is acquired in a new building or in the secondary market. The purchase of a house should be carried out only in the territory intended for personal housing development. It is allowed to purchase a part in an apartment or house. An exception is one-room apartments and dorm rooms.
The second paragraph involves the allocation of funds for education by children. It includes: pre-school education, education received at school, auxiliary, higher and secondary special education. With capital, you can pay for the hostel, which is occupied by the child while studying.
The third item on the list of what you can spend maternity capital on is not a popular destination for using support. This is due to the instability of the economy and the instability of the pension system in Russia.
What can not be spent on capital?
Most families complain that this is the entire list of what maternity capital can be spent on. It really is insignificant, all other ways of using capital are considered illegal.
It is forbidden to use state support for:
- Purchase of a car. There are no legal grounds for carrying out this operation, although there is a need for it. But there are exceptions to regional capital.
- Acquisition of land, as this does not guarantee the availability of residential premises. Even when buying a private house, the contract should contain a reservation on the separate cost of the plot and construction.
- Repayment of any loan, except for a mortgage or special-purpose loan for the purchase of housing. Also, capital is not allowed to repay debt on a loan taken to repair a room.
How to direct maternity capital in the chosen direction?
Before you start spending state aid, decide on a clear direction for its implementation. Then it will be necessary to apply to the PFR office with a request for the possibility of managing the funds. It must be in a fixed form. A number of necessary papers are necessarily attached:
- Filled out application for the possibility to dispose of state aid funds.
- Certificate of retirement certificate of capital certificate holder.
- Passport.
- Certificate.
Depending on the direction, the package of documents that will need to be submitted to the relevant authorities is adjusted. A list of securities required for each direction separately can be found in regulatory enactments.
Resolving contentious family capital issues
At first glance, it becomes clear why you need it, how to use it and what you can spend maternity capital on, and what not. But in judicial practice every year there are more and more cases when controversial situations and disagreements arise. If the family cannot resolve the issues that have arisen regarding state aid using the Law on Maternity Capital, then you should seek legal advice.
Necessary documentation for family capital
Before spending state aid, it is necessary to collect all the papers needed to receive it, and only then decide on how to spend maternity capital.
For registration you will need:
- The petition required to obtain a certificate. Filled in accordance with the approved form.
- Passport or other identification document.
- Birth certificate of a child for whom state aid will be issued.
- Adoption Document.
- A document confirming that the child is a citizen of Russia.
- SNILS of the person who is petitioning.
- Power of attorney of a representative, notarized.
If the designer is the father or adoptive parent, then a slightly different list of documents. For clarification, seek advice from the appropriate authorities. Documentation for assistance can be provided in person, sent by mail or use the electronic portal of public services.
Papers required when purchasing a living space:
- Duplicate of the contract of sale of a dwelling that has passed state registration.
- Duplicate of the state registration certificate for the privilege of owning the living quarters by the person who received the certificate.
- Written confirmation of registration of the purchase of housing in the common property of all family members within six months from the date of transfer of funds by the FIU to the person who made the alienation of the premises.
- Certificate of debt, which still needs to be repaid for the purchase of housing.
Papers for the construction of housing under maternity capital:
- Duplicate building permit.
- Mandatory registration of premises in common ownership.
- Duplicate of land privilege.
- If necessary, a duplicate contract with the construction team.
No special documentation is required to document the use of retirement assistance.
Papers for tuition:
- The contract with the educational institution.
- License for educational activities.
- Certificate of state accreditation.
So that there are no problems with the law, and you can get help for your family, you should adhere to the legislative norms and first familiarize yourself with the entire list of necessary documentation.
There are not so many options where to spend maternal capital received on hand. Their schemes are extremely clear, and it will not be possible to go beyond. As you know, cashing a certificate by any means is impossible, and the punishment under the law applies to all parties involved.
What exactly can be done with your certificate by law?
- Where to spend maternity capital - all the possibilities
- Cashing out maternity capital
- Sale of maternity capital
- Loan and repayment of the loan by maternity capital
Every mom (dad) who has received a certificate in her hands is faced with this issue. Given that there are not many options for using capital, the choice should be approached thoroughly.
What documents are needed to obtain maternity capital?
So where to send the funds?
Housing maternity capital
Among the population, this is the most popular option. According to the law, capital funds can be spent on:
Purchase of housing (home) or its construction.
Down payment when applying for a loan (loan).
Payment of debt (interest) on a loan (loan).
Payment of your participation in shared construction.
Payment of the first installment in case of participation in housing cooperatives.
Payment for reconstruction / construction of an IZHS object without / with the involvement of construction and contracting organizations.
Payment (compensation) of the costs incurred by the certificate holder as a result of the construction / reconstruction of the IZHS object.
Note: the object of sale (construction, reconstruction) must be located on the territory of the Russian Federation.
Maternal capital for education - opportunities for mothers and children
Capital funds can be used to pay for children's education. Moreover, you can pay for the education of the child whose appearance became the reason for the certificate, and his other children. That is, "divide" the capital funds between them. The certificate can be sent, in this case, to:
Payment for services of educational state and municipal institutions.
Payment for services of non-governmental educational institutions with appropriate accreditation and licenses.
Payment for your child’s dormitory accommodation.
Note: the educational institution should be located in the Russian Federation, and the age of the child should not exceed 25 years.
Payment of kindergarten by maternity capital - conditions and requirements
This opportunity has appeared since 2011. It involves paying for the maintenance of the baby in kindergarten and other pre-school educational institutions. Limitation: you can use this option only after the baby’s three-year anniversary. How does this actually happen?
2 months after submitting an application to the FIU, funds are transferred to the organization’s account.
Payment for services is carried out by the FIU regularly, according to the schedule of payments under an agreement with the institution.
In case of changes in the payment schedule or in the amount of payments, an application should be submitted with the relevant clarifications to the FIU. If the changes in the amount of payments become lower, then the surplus of the transferred funds is returned back to the capital account.
Preschool, as in previous versions, should be located in Russia.
Maternity Capital Retired Moms - Tips and Tricks
For such an investment, it is enough to apply to the FIU with a statement. It is worth remembering that the certificate holder has the right to withdraw his funds after accumulating interest and dispose of them at his discretion, choosing one of the well-known areas. There are two conditions for such an action:
A statement from the certificate holder about his refusal.
Submission of the application until the day when the pension will be assigned.
How to cash maternity capital - legitimate opportunities
The amount of capital in 2013 is a very decent amount - 408 thousand rubles. But not every family needs to expand / improve their living conditions, and their retirement and children's education are still very far away. Moreover, the child may not want to go to college. Or will arrive free of charge. And the increase of 2-3 thousand rubles to the pension does not play a role. That is why the issue of cashing in capital is discussed with interest in every family: after all, financial assistance is needed today and now, and not once there, then. So, is it possible to cash a certificate?
Get cash with a certificate is NOT possible.
Despite the existence of semi-legal loopholes for using a certificate (for example, fictitious purchase of housing from relatives or other schemes), it should be remembered that when making a fraudulent transaction, the certificate holder is subject to criminal liability.
Is it possible to sell maternity capital - sale of maternity capital
Ads / offers for the purchase and sale of certificates today are many. It is enough to enter such a query in a search engine. But all of them, as a rule, come down to the same previous, above-described topic of fictitious real estate transactions. Therefore, you need to understand and remember that there are only two legal ways to cash out maternal capital:
Mortgage.
Maternity loan.
Maternity loan - what can I get a loan for?
According to the current federal program, maternity capital can also be used to purchase the necessary housing on credit. Not everyone can improve their modest living conditions, and the certificate allows this to solve the problem by increasing the amount to buy a house (apartment). Advantages of a loan under maternity capital:
The size of the down payment, which is usually paid out of personal funds, will be equal to only a tenth of the price of real estate.
Loan term - up to 30 years.
Guarantors are not required in this case.
Note:
The use of a certificate to obtain a consumer loan is not provided by law. That is, it is forbidden.
The possibility of obtaining a mortgage for maternity capital is not provided in every bank.
Repayment of a loan by maternity capital - what loan can be repaid?
According to the law, it is possible to spend funds on repayment with the help of a loan (loan) certificate, but:
A loan (loan) should be only a mortgage.
It is necessary to provide a notarized obligation that the applicant agrees to allocate a share to the child after paying the loan.
Note: You can use maternity capital for these needs before the baby is three years old.
Maternity capital today is a very tangible state support for many large and young families, with two or more children. The legislative framework allows the use of relying on preferential means in order to:
- Improve the living conditions of the family in the form of major repairs, including reconstruction, purchase of finished housing or its share, as well as the construction of a private residential building on a plot of land;
- Pay for the child’s education in paid pre-school, school and higher education institutions with a state license, as well as living in a hostel on the territory of the Russian Federation;
- Increase the retirement savings of the mother or, in some exceptional cases, of the father;
- Get the necessary funds for children with disabilities.
The above categories have some limitations. For example, finding housing only in Russia within the property of family members (only spouses and children), paying tuition for children under twenty-five years of age, compulsory Russian citizenship, and also the period through which you can use the financial assistance from maternity capital.
In fact, the time frames within which state aid can be used for the same purchase of housing depends on the age of the children and the intended purpose of the payment.
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Who is eligible?
Before considering any deadline, it is important to consider some of the nuances of obtaining the certificate itself. This is especially important in a subsequent transaction or mortgage to purchase a home. Current legislation and with it the terms of the social program for calculating maternity capital allow you to issue a certificate in the name of:
![](https://i0.wp.com/pravonedv.ru/wp-content/uploads/2016/06/6808883.jpg)
Particular attention should be paid to such rules for families in which only one spouse has Russian citizenship or in which the mother, for whatever reason, cannot apply for a mortgage. This is due to the fact that you can use the maternity capital for the purchase of housing only when a mortgage, a contract of sale and title are drawn up in the name of the recipient of the certificate, regardless of whether the deadline has passed and all requirements have been met. Moreover, one should not forget that the certificate cannot be cashed.
How much to wait?
Of course, one of the most exciting issues is how long and after what time you can use the issued certificate for relying on parental capital under the law. Speaking of increasing pension savings and paying for educational institutions, this period is three years after the birth of a second child.
However, when the funds go to purchase a home, the following can be noted:
The term for consideration of the application and documents submitted to the institution of the Pension Fund at the place of residence of the family with children is approximately one month. Further, within five working days after the decision is made, the responsible officer must send the applicant a written notice of which decision was made.
Do not neglect
Given the fact that the term is not the only strict restriction that can be attributed to certain barriers to, citizens must take into account the attendant nuances. So, for example, there are cases when parents tried to spend a certificate on paying for consumer loans, giving them out for buying some kind of housing, sometimes not suitable for living at all. Since today there is no clear regulatory body, it is necessary to indicate in the contracts what the loan was taken. If there is no such mark in the documents, it will be necessary to prove through the court that it was necessary to prove that the loan was actually taken to purchase a home.
You should also not draw up contracts that speak of installments. Maternity capital can only repay a loan if it comes to real estate.
Considering the latest legislative changes and the fact that the term of the social program for the payment of maternity capital has been extended, it is necessary to carefully plan everything. We have been talking about it for several years now, so it is better to use it while such an opportunity is still available.
Why be prepared?
The time period for obtaining a certificate has no limitations. You can issue it not immediately after the birth of the second child, but after the birth or adoption of the third, fourth. It also does not limit the period of use of the received certificate for statutory parent capital. That is, it is not necessary to spend it immediately after three years. However, this would be illogical, given the fact that one of the intended purposes of this state aid is to pay for training. Although there is an interesting point here and it consists in the fact that it is possible to pay for education with the help of maternal capital only until the child is twenty-five years old.
No matter what purpose you choose, the recipient of the certificate will need to prepare all the necessary documents in advance, no matter how much you have to wait after. The list of required securities will depend on the individual case and must confirm its orientation so that the Pension Fund employees do not have doubts about where the budget funds are going.
If an incomplete list or false information is provided in the documents, the applicant will be refused. And if you try to fraud and cash out, you can completely lose your freedom for several years.
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