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When determining the allowance for caring for a child under 1.5 years old, the average monthly income of the employee for the last two years is taken into account. At the same time, the legislators established minimum size Benefit below which the person caring for the child will not be paid. Its size is reviewed annually and indexed taking into account the current economic situation... The minimum amount of benefits in 2018: 3163.79 rubles for the first child and 6327.57 rubles for the second.
Childcare allowance up to 1.5 years old is paid to the mother (or other person) for the period of being on parental leave. This leave begins immediately after the end of the maternity leave.
Many citizens confuse parental leave with each other. Maternity leave is assigned to a woman at the 30th week of pregnancy and lasts approximately 2 months after childbirth (in the normal course of childbirth - a total of 140 days) or longer - in case of complicated childbirth or multiple pregnancies.
Childcare allowance can be obtained by both officially employed citizens and. Whereas only officially employed citizens can count on maternity ones, from whose earnings the employer regularly makes contributions to the Social Insurance Fund.
If a woman made out maternity leave, then she can apply for the appointment of a benefit only after its end. If she did not receive maternity leave, then she has the right to issue it immediately after the birth of the baby.
According to FZ-81, the right to apply for the appointment of childcare benefits are vested with:
- officially insured relatives of the child;
- mothers who are in the status of military personnel under contract;
- dismissed due to the company during pregnancy and childbirth;
- full-time students;
- relatives who are not subject compulsory social to other insurance.
In order to receive childcare benefits, employed citizens apply at their place of work. The FSS is responsible for payments to them. Whereas the unemployed should contact the USZN for the appointment of regular payments.
It should be noted that a citizen is deprived of the right to receive childcare benefits if he applied for the appointment of unemployment benefits. These payments are mutually exclusive and the employee is allowed to issue one thing.
Childcare allowance is assigned in accordance with the Order of the Ministry of Health and Social Development of Russia of 2009 No. 1012n. According to 81-FZ of 1995, payments are assigned provided that a citizen applies for them no later than six months after birth.
The right to receive childcare benefits for a child under 1.5 years old belongs to:
- mothers;
- the child's dad;
- grandmother;
- grandfather;
- guardian.
But it is paid only to one person who is actually on parental leave and is actually deprived of the opportunity to earn money. At the same time, when applying for an allowance, it is necessary to confirm the fact that the other parent is not on parental leave and has not applied for an allowance. It is allowed to use vacation in parts: for example, at first, mom is in it, then dad.
This is another difference between childcare benefits and maternity benefits: the latter can only be received by a woman. Apply for payment sick leave due to pregnancy, the child's father is not entitled.
If a woman goes to work before the child reaches 1.5 years of age, then the right to receive benefits is canceled. But this rule does not apply if she works a working day or at home.
They can choose their place of work, where they will receive benefits. But they must provide a certificate from another place of employment that they did not apply for benefits.
First and second child care allowance
The minimum amount of benefits for the care of the first and second child has been established by law.
The allowance for the care of the second and subsequent child is twice as much as for the first.
Initially, the amount of the allowance for the care of the first and subsequent child was set at 1,500 rubles. for the first child and 3000 rubles. - for the second. Then every year it increased to adjust for inflation.
If the first child is not yet 1.5 years old at the time of the birth of the youngest child, then the allowance for the first and second child is added up.
Minimum monthly childcare allowance in 2018
By general rule the amount of the childcare allowance is calculated as 40% of the average monthly employee for the last 2 years (prior to taking parental leave). But some categories of citizens can only count on payments in a fixed amount, which are called the minimum monthly allowance.
The minimum allowance is assigned:
- unemployed;
- persons with an insufficient level of income who do not exceed the minimum wage;
- due to the liquidation of the company while on maternity leave;
- full-time students;
- citizens who work (without an employment contract) and from whose earnings the employer does not pay social insurance contributions;
- persons caring for a child in the case of parents of parental rights.
The last indexation of the benefit was made in February 2018. As a result, it reached the following values:
- RUB 3163.79- this is the amount of the minimum allowance for the first child;
- 6327.57 RUB- allowance in the minimum amount for the second and subsequent child.
As a result of the last indexation, payments were increased by 3.2%. This was the official level of inflation (growth consumer prices) for 2017. The result of the indexation was to prevent a decrease in the purchasing power of the benefit in monetary terms.
As of the beginning of 2018, the minimum allowance for caring for the first child was 3065.69 rubles, 6327.57 for the second and subsequent ones. To calculate the benefit from February, these values had to be multiplied by a factor of 1.032.
It should be borne in mind that it is regularly revised upwards. Therefore, when calculating the allowance, you need to be guided so that it is not less than 40% of the minimum wage. But this is relevant only for those women who applied for benefits after raising the minimum wage (the latter happened in May 2018). Everyone who applied for a benefit before the last increase in the minimum wage will receive it, taking into account the February indexation of 3.2%.
In those areas in which district coefficients are established, they are also applied when calculating the care allowance.
The specified amount of the minimum benefit is not subject to personal income tax and is paid to the woman in full.
Is the payment of childcare allowance allowed below the established minimum
According to Article 11.2 of FZ-255, the monthly childcare allowance is paid in the amount of 40% of the average monthly earnings, but not less than the amount of the allowance, which is spelled out in the Federal Law "On State Benefits of Citizens with Children."
If the employer transfers money in the amount of less than the minimum guaranteed by the state, then he is acting illegally. The employer does not have the right to appropriate the money that the FSS transfers to him.
If the benefit came in a smaller amount than the minimum, then a woman can complain about the employer to the FSS by attaching payment documents and referring to the corresponding article of FZ-255. After the check, she will have to list the shortage.
Thus, the law establishes the minimum amount of the childcare allowance, less than which the state authorities or the employer are not entitled to pay. In February 2018, the minimum benefit was indexed by a factor of 1.032 and amounted to 3163.79 rubles. - for the first child and 6327.57 rubles. - on the second.
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What is the minimum allowance for caring for a child under 1.5 years of age in 2017? What is the Minimum Benefit? How is it calculated? Has it increased in size since February 2017? Will benefits need to be increased from July 1, 2017? What documents are required for his appointment through an employer? The answers to these and other questions are in this article.
Who is eligible for the care allowance in 2017
In 2017, employers are obliged to assign and pay allowance for caring for a child up to 1.5 years old to an employee who is on parental leave to care for a child up to three years old. During this period, he is entitled to the following social guarantees:
- childcare allowance at the expense of the FSS of Russia until the child reaches the age of 1.5 years (part 1 of article 14 of the Law of May 19, 1995 No. 81-FZ);
- compensation payment at the expense of the organization until the child reaches the age of three.
Documents for appointment in 2017
Allowance for caring for a child until they reach 1.5 years of age is paid on the basis of an employee's application (part 6 of article 13 Federal law dated December 29, 2006 No. 255-FZ). The application is summarized with other supporting documents, in particular, it is necessary:
- birth certificate of a child;
- a certificate from the place of work of the child's father stating that he does not use parental leave and does not receive benefits.
Here is a sample application for the assignment of child care allowance in 2017. You can download it and modify it "for yourself". In this example of the application, the woman asks to assign her a monthly parental allowance at the same time as the parental leave.
How the care allowance up to 1.5 years is calculated
In 2017, the amount of the childcare allowance for a child under 1.5 years of age per month is 40 percent of the employee's average monthly earnings. That is, it must be considered according to the formula:
Childcare allowance for a child up to 1.5 years per month = average monthly earnings x 40%
If a average earnings employee per each full month of the billing period is less than the minimum wage (part 1.1 of article 14 of the Federal Law of December 29, 2006 No. 255-FZ), then the childcare allowance is calculated based on the minimum wage:
Benefit for caring for a child up to 1.5 years per month for a full calendar month = minimum wage at the start date of the leave x 40%
At the same time, the size of the childcare allowance in 2017 cannot be less than the minimum established value (Article 11.2 of the Federal Law of December 29, 2006 No. 255-FZ, Article 15 of the Federal Law of May 19, 1995 No. 81-FZ).
Minimum childcare allowance in 2017
The amount of the allowance for the care of a child under 1.5 years old is determined at the date of the commencement of the parental leave. Accordingly, if the parental leave began in 2017, then the indexation coefficient of the allowance, in force at the time of the start of the leave, must be taken into account.
From January 1 to February 1, 2017, pay the minimum allowance in the same amount as in 2016 - 3000 rubles. And from February 1, 2017, the minimum childcare allowance must be paid in an indexed amount by a factor of 1.054 ( Government Decree Russian Federation dated January 26, 2017 No. 88 "On approval of the size of the indexation of payments, benefits and compensations in 2017")... However, you need to index not 3000 rubles, but 2902.62 rubles. If you index 3000 rubles, you get an overpayment that the FSS will not reimburse. 3062 rubles (3000 rubles x 1.054) - an overstated amount!
The given minimum values of 2017 must be taken into account when calculating the allowance for caring for a child up to 1.5 years old based on the minimum wage (part 1.1 of article 14 of the Law of December 29, 2006 No. 255-FZ). At the same time, in districts and localities where regional coefficients to wages have been established, "children's" benefits (both in January 2017 and from February 1, 2017) will be higher, since they need to be additionally increased by the value of the increasing coefficient (Art. 5 Law No. 81-FZ).
Navigating the article
What monthly payments can women and those caring for their second child under 1.5 years of age expect? How to issue and receive them? Find out in the article.
Benefit amount
When establishing the above compensation on the basis of the legislative acts of our country, it is taken into account the number of children and the sequence of their birth or adoption.
After another annual increase in the inflation benefit in February 2020, the minimum value monthly allowance for caring for a second child under 1.5 years old is RUB 6,803.98
If the mother has lost her rights to the firstborn, then from a legal point of view, the second baby will be recognized as the first, and the payment will be assigned in the amount RUB 4852.00, and not in the above amount.
Who can receive payments
According to the provisions prescribed in the legislation, both his parents and other relatives who will take care of the baby during this time period can apply for the calculation of a monthly payment for caring for a child up to 1.5 years old.
How and where does the benefit calculation take place
Calculation of the allowance for the care of the second child paid at the place of work () the mother herself or the relative who will take care of the baby (for example, if a woman does not work, then the payment of benefits is made only to the FSS. The FSS finances these payments in both cases. 40 % the amount of its amount.Medium size wages It is calculated by dividing the sum of all its payments for the previous 2 years by 730 (the number of days in 24 months.) But you can change the years if the years preceding the appointment of the benefit included a decree or a period associated with caring for the first child.
The formula by which the benefit is calculated:
P = NW x 30.4 x 0.4. In it:
P- amount of payment;
SZ- average salary for 1 day;
30,4 - the average number of days in a month throughout the year;
0,4 - the number of% that are taken to calculate the benefit.
In the case when the amount of assigned payments for the second child, calculated in the above way, does not reach the minimum meaning determined for this period of time by the state, then the applicant will receive a minimum which is RUB 6,803.98
Social allowance, which is paid at the place of work or social insurance authorities, is calculated once and not recalculated until the person goes to work or the baby reaches one and a half years of age, after which the payments stop.
In the event of a significant increase in salary, it is worth interrupting the vacation and starting to fulfill your duties for at least 1 day, after which you again take the leave provided for caring for the child, with an increased amount of compensation.
Minimum payout
The minimum amount of the allowance is set regulations the state. In 2020, it is equal to 6803.98 rubles. for the second child. The following categories of citizens are entitled to receive it:
- receiving security in the form of state social benefits;
- but with a low salary.
If, during the vacation described above, the organization in which the recipient of the allowance worked is liquidated, and the employees are dismissed, then the average monthly salary for the year preceding the vacation is taken to calculate the compensation. The amount of payments cannot exceed the maximum established by law.
Maximum payout
IN legislative acts the amount of the childcare benefit for a child under 1.5 years is not limited, but there is a limitation on the amount of the average earnings per day, on the basis of which payments are calculated.
The highest average earnings are calculated dividing the sum limit base values formed by transferring insurance payments to the FSS for the previous 24 months, at 730(number of days in 24 months). The maximum base value is set by the state every year..
The maximum amount of the allowance for 2 children should not exceed the total average monthly salary, but if the amount received is less than the amount received from the addition of the minimum payments, then it will be assigned total amount minimum compensation.
The right to receive childcare benefits remains if the recipient works part-time or carries out activities at home during the period of the prescribed leave.
A set of documents required for the appointment of benefits
To issue payments for the care of a child under 1.5 years old, you must provide the employer or the FSS with such a set of documents :
- written statement;
- a document confirming the birth of a child for whom payments will be assigned, and other children (and their photocopies);
- a certificate from the accounting department at the place of employment of the other parent, confirming that he did not receive benefits;
- A certificate of the amount of salary from the previous place of work (required if the applicant changed jobs during the previous 2 years).
If the applicant worked in several organizations, then he will also need certificates from all other institutions stating that payments were not assigned there.
What kind of allowance can a family with two children under 1.5 years expect?
If the family has more than one child who has not reached the age of 1.5, then the accrued payments must be added. The amount of this amount will depend on how the kids will be. If the children are the first and second child, then the amount of the security will be 4852.00 + 6803.98 = 11066.89 rubles. If the second and third, then - 6803.98 + 6803.98 = 13607.96 rubles.
If the father and mother were, then the amount of the accrued benefits is much higher than the minimum established by the state.
Where is the calculation and payment of compensation carried out?
There are 3 places where you can apply for and receive benefits:
- At the place of employment of the recipient.
- In the FSS for working citizens (in some cases).
- In the organization of social protection of the population (for non-working citizens).
Deadlines for the appointment and receipt of benefits
According to the legislative acts of the country, a woman can issue and receive payments immediately after it ends or immediately after the birth of the baby, if the decree was not provided. Also, the mother has the right to start her duties at the place of work, and then take leave to care for the second child.
You can write an application for the accrual of collateral at any convenient time from the day of the granted vacation. But this must not be done later 6 months... after the baby has reached 1.5 years of age.
The assigned allowance must be paid in full, from the moment the parental leave application is submitted until the child reaches the age of 1.5 years, regardless of the date written on the application payment assignment.
Compensation must be accrued within 10 days from the date of transfer to the relevant authorities necessary documents... If payments are made by the employer, then they can be received on the day the next salary is issued. If the receipt occurs through the FSS department, then cash will be sent to the recipient by mail or transferred through the bank to the card.
How to get second child support if your first child dies
If the family has lost the first child even during childbirth, then the second child after birth will be recognized as the second. Then the family has the right to claim:
- for payments due for the second child;
In the case under consideration, when establishing an allowance, documents confirming the birth and death of the first child must be submitted. If his birth document was not received in a timely manner, then the legislation allows you to contact the registry office later. According to legislative acts, birth certificate for children who have not lived for 2 weeks... But if the baby died in the womb and was not born, then such a document is not issued.
How to combine maternity leave and parental leave
If the parental leave for the first child is completed, and the parent plans, then she has the right to receive all payments provided for by the states for this child.
If the mother went to work after the first decree, then she is issued in the same way. The problem can arise only with a small income in the period, based on which the calculation takes place. In such circumstances, it is allowed to take as a basis another 2 years during which the parent had a higher income level.
If there are grounds for issuing a repeated decree, when the first has not yet been completed, then the woman have to choose: get the accrued one time or prefer the monthly compensation. After making a decision, she must inform the employer or the FSS department using the submitted application.
When the maternity leave associated with the birth of the second baby comes to an end, the mother has the right to reissue the care allowance for both children. And then they will be added up.
The parents of the baby have the right to state assistance during the period of caring for him up to 1.5 years of age. This right must be exercised and applied for the appointment of payments to the appropriate authorities.
Allowance for caring for a child up to 1.5 years old is issued through the Department of Social Protection of the Population (USZN) by Russian and foreign citizens caring for a child and having the status of an official unemployed person or studying full-time. These can be parents, guardians and other close relatives, for example, a grandmother. The list of persons entitled to payment is given in Art. 39 of the Order of the Ministry of Health and Social Development of the Russian Federation No. 1012n dated December 23, 2009 "On approval of the Procedure and conditions for the appointment and payment of state benefits to citizens with children."
Payments through social security are charged at a minimum amount. Regulated by the Federal Law of 19.05.1995 No. 81-FZ "On State Benefits to Citizens with Children". Apply to social welfare services (SPS) at the place of residence before the child turns two years old.
The unemployed mother loses the right to, and in the amount of 50 rubles every month. However, in many regions of the Russian Federation single mothers can receive additional ones.
Monthly benefit amount
- for the first child - 3324.27 rubles;
- for the second and every next child - 6751.54 rubles.
The payout amount is increased by district coefficient, which is assigned to residents of Eastern Siberia, the Far Eastern region, the territory of the Far North. The value depends on the region and ranges from 1.1 to 2.0. For example, the amount for a second child for a resident will be 9452.16 rubles. (6751.54 × 1.4) because the amount will be increased by a factor of 1.4.
Benefits for several children are summed up and paid at the same time. For example, if twins are brought up in a family, the amount of the allowance will be equal to 10,075.81 rubles. One of the children will receive an allowance in the amount of 3324.27 rubles, and for the second 6751.54 rubles.
Officially registered as an unemployed person can receive only one of the benefits: child care or unemployment. Choose the payment that is more beneficial for you.
Register in Social Security
Unemployed persons can apply for benefits from the month of birth until the child reaches the age of two. Even if you do not immediately apply to social protection, all the due amounts will still be paid.
Mothers, fathers, guardians and other relatives who actually provide care are eligible. The following categories of citizens are drawn up through social protection:
- officially unemployed registered at the Employment Center;
- dismissed in connection with the liquidation of the enterprise;
- full-time students receiving primary, secondary or higher professional education, as well as postgraduate students;
- the wives of servicemen transferred abroad;
- individual entrepreneurs, notaries, attorneys and lawyers of private practice, including those who have graduated from the activity;
- relatives who are caring because the parent is unable to take care of the child for health reasons or avoids education;
- relatives not subject to compulsory social. insurance in the event of the death of a parent or deprivation of their parental rights.
According to part 2 of Art. 11.1 ФЗ № 255 and jurisprudence part-time work or part-time work week means work hours that last less than 60% of the full work time. For example, with an 8-hour shift, part-time work should not exceed 5 hours. The calculation is made as follows: 8 hours × 60% = 4.8. The resulting value is rounded to the nearest whole number, i.e. up to 5 hours.
Registration process
To apply for a care allowance for a baby up to 1.5 years old, unemployed citizens need:
- Obtain a child's birth certificate.
- Open a bank account, USZN recommends Sberbank.
- Collect documents, take account details and make copies.
- Contact your local social welfare office.
Other relatives must provide a document that confirms their cohabitation with the child and a document justifying why the parents do not provide care: parent's death certificate, judgment about deprivation of parental rights, a certificate of detention or a document recognizing them as missing.
When one of the parents applies for the allowance, he brings confirmation that the other is not receiving it. Single mothers confirm their status, i.e. absence of a second parent. These documents include the birth certificate of a child with a dash in the father column or a certificate from the registry office that the father was recorded from the woman's words.
List of required documents
- A sample application to help you fill out in social protection.
- Passport of a citizen of the Russian Federation (foreign citizen, refugee certificate).
- Birth (adoption) certificate of a child.
- Certified copy of adoption (guardianship).
- Help on the composition of the family.
- Extract from the work book about the last place of work.
- A copy of the order of dismissal from the last job.
- If you received maternity benefits, you must provide a calculation of this benefit.
- Copies of all documents, including a copy of the bank account details.
- A certificate confirming that the second parent does not receive benefits (issued at the place of work, service or at the Department of Social Security).
Documents can be submitted electronically through the State Services website.
Eligibility for Aliens Benefit
It is worth highlighting the category of parents of foreigners. According to Article 1 of Federal Law No. 81, its effect applies to citizens of the Russian Federation, foreign citizens, stateless persons and also refugees permanently residing in Russia. And therefore, having a residence permit (RVP), a stateless person's certificate or a refugee's certificate, you can register with the Employment Center as an unemployed person and apply for a childcare allowance up to 1.5 through social protection.
When they start paying
The first transfer to the unemployed, as well as subsequent receipts, is paid to a bank account or through the post office until the 26th day of each month. Payments are made month by month, for example, in September you receive for September, in October for October.
The first payment is received within 10 days from the date of acceptance of the application and supporting documents. The last social protection is listed in the month when the child turns 1.5 years old.
There is no exact schedule of payments, in each region they pay on different dates, regardless of other areas. Sometimes benefits can be delayed. In this case, you should call the social security service and find out the reason for the delay.
The HSS staff themselves are not responsible for transferring money, but they can inform about the reasons for the delay in benefits. It is also worth calling to find out whether this is a massive delay or whether the money has not been received by you.
As a rule, the deadline for the transfer of benefits is shifted due to holidays, which is especially true in January after the New Year holidays.
Single mother
The payment of the allowance for the care of a child under 1.5 years old does not depend on the social status of the mother. A single mother receives the same support from the state as a mother from a full family.
How to apply for a non-working grandmother
- Grandma has not reached retirement age... According to the law, a non-working grandmother can receive benefits if the parents want to continue working or cannot and do not want to take care of the child. But in order to receive benefits, she should be registered with the CPC as unemployed. In this case, you have to choose - to receive benefits for caring for a child up to 1.5 years old or unemployment, since two cannot be issued at the same time.
- Grandmother - unemployed pensioner ... It is impossible to claim the payment for the care of a child under 1.5 years old, except in the event of the death of the child's parents or the deprivation of their parental rights. However, she will have to go through the adoption or guardianship procedure first.
If several persons who are eligible for benefits are caring for the baby, then you need to choose someone who will be able to receive a large payment.
Is the allowance included in the seniority
The experience includes 1.5 years of caring for each child if before or after the decree there was an official labor or entrepreneurial activity in the Russian Federation and paid contributions to Pension Fund... At the same time, a maximum of 6 years is included in the experience. For example, if a mother has 5 children whom she has cared for for a total of 7.5 years (1.5 × 5 = 7.5), she will be counted as only 6 years of service. Regulated by Art. 12 of the Federal Law No. 400 of December 28, 2013 "On Insurance Pensions".
During the time spent on parental leave for a child under 1.5 years old, an increased individual pension coefficient (IPC) is charged:
- 1.8 - for the first child;
- 3.6 - for the second child;
- 5.4 - for the third and fourth child.
If the year was incomplete, then the IPC is calculated in proportion to the period. Full month is counted as 1/12 of the coefficient, and one day is 1/360.
Conclusion
- One of the parents, mother or father, guardian, or other relative actually caring for the child.
- Calculation of payments is carried out in the Department of Social Protection of the Population (social protection) at the place of residence. The source of funding for the benefits is the federal budget.
- If there are several children under the age of 1.5 years, the allowance is paid for each of them in total.
- You can make a payment at any time within two years from the month of the baby's birth. The allowance will be credited for all missed months.
- A non-working parent loses the right to benefits if he is not registered with the CPC as an unemployed person.
The state guarantees that lump sum for the care of a second child under 1.5 years old applies to all categories of citizens without exception. The only difference from payments for the first child is that the minimum monthly payment is doubled.
When calculating the number of children, only those raised by the beneficiary are taken into account.
If the mother was deprived of parental rights, with the birth of the second, the state does not take into account the fact of the existence of the first. Therefore, the allowance is prescribed as for the firstborn. The state provides money for the proper maintenance of the child, which is included in parental responsibilities. When the guardianship authorities take the child, all the maintenance costs are borne by the state. All benefits and benefits are transferred to other guardians.
For working
The procedure for calculating the subsidy for a working mother in 2019 has not changed. The amount is also equal to 40% of the average earnings for the two previous years.
Registration procedure
- Make sure that the employee is entitled to receive payments.
- Check if all documents have been provided:
- free-form application;
- birth certificate;
- a copy of the birth certificate of the first child;
- a certificate from the place of work of the second parent stating that he does not receive this allowance.
- Determine the billing period.
- Calculate the amount of the subsidy.
- Schedule payments.