1) Maternity allowance
Federal Law No. 343-ФЗ dated December 8, 2010 “On Amendments to the Federal Law“ On Compulsory Social Insurance for Temporary Disability and in connection with Maternity ”amended the procedure for calculating average earnings, from which childcare benefit is calculated . Law No. 343-FZ entered into force on January 1, 2011 and applies to insurance claims that occurred on January 1, 2011 and later.
According to this law, the estimated period for which earnings are calculated for calculating benefits for temporary incapacity for work, for pregnancy and childbirth and monthly allowance for child care increases to two calendar years preceding the year of the insured event.
Until January 1, 2011, the calculation period for calculating these benefits was 12 calendar months preceding the month of the insured event, and if the employee worked for the last employer for less time, then the period of actual work for the last employer.
Thus, for women whose maternity leave comes after January 1, 2011, the maternity benefit should be calculated from earnings for the 2009 and 2010 calendar years. In the event that you had breaks in work during this biennium or you had previously had lower wages (for example, in 2009) than in the last 12 calendar months before the month of maternity leave, leave for care child, the use of a new procedure for calculating benefits may lead to a decrease in its size compared to if the benefit was calculated according to the previously existing rules.
2) Monthly child care allowance
In 2011, child benefits increased. Part 2 of Article 10 of the Federal Law “On the Federal Budget for 2011 and the Planning Period of 2012 and 2013” provides for the indexation of state benefits to citizens with children from January 1, 2011 by a factor of 1.065.
We draw your attention to the fact that the minimum monthly allowance for the care of the first child for non-working mothers will be 2194.34 rubles from January 1, 2011, the second and subsequent ones will be 4388.67 rubles. At the same time, the maximum amount of such allowance is also provided.
It will be 8777.35 rubles (for women dismissed in connection with the liquidation of organizations and receiving benefits in social security agencies; for women and other persons on child-care leave who are military personnel).
The maximum amount of average earnings per year when calculating benefits (maternity leave, child care allowance up to 1.5 years) is not more than 415 thousand rubles per year (or approximately 34 583 rubles per month), even if you get more .
Thus, the maximum possible size of maternity pay in 2011 will be 34 thousand 583 rubles for a full calendar month; The maximum monthly childcare allowance is 13 thousand 833 rubles.
In accordance with the Federal Law of December 29, 2006 No. 256-FZ “On Additional Measures of State Support for Families with Children” (hereinafter – the Maternity Capital Act), maternity (family) capital represents federal budget funds transferred to the budget of the Pension Fund of the Russian Federation on the implementation of additional measures of state support. The funds are not handed out, but accumulated in the accounts of the Pension Fund. The only exception is the so-called. a one-time “anti-crisis” measure, in accordance with which each family can receive in cash from the maternity capital funds an amount of 12 thousand rubles as a one-time payment for everyday needs.
When using the right to a lump-sum payment in the amount of 12 thousand rubles, the amount of maternity capital is reduced by the amount of a lump-sum payment, which is transferred to the account of a person opened with a Russian credit organization.
We draw the attention of our readers to the fact that the program for the payment of one-time assistance in the amount of 12,000 at the expense of the maternity capital was extended until May 1, 2011.
It is possible to use the maternity capital only when the child is three years old. The law applies to children born after January 1, 2007.
The right to additional measures of state support arises at birth (adoption) of a child (children) who has the citizenship of the Russian Federation from the following citizens of the Russian Federation, regardless of their place of residence:
a) women who have given birth to (adopted) second child, as well as subsequent children, starting from January 1, 2007 and ending on December 31, 2016;
b) men who are the only adopters of the second, third child or subsequent children who have not previously exercised the right to additional state support measures, if the court’s decision on adoption has entered into force from January 1, 2007 to December 31, 2016.
Initially, the size of the parent capital in accordance with Article 6 of the Parental Capital Act was 250,000 rubles. However, this Law provides that this amount should be reviewed annually (indexed) taking into account inflation rates and set in accordance with the annual budget.
Moreover, both the entire amount of the parent capital and its remaining part are subject to indexation in cases of partial use for the purposes provided for by the Law on the Mother’s Capital.
With the adoption of the adjusted budget of the PFR for 2011, the amount of maternity capital in 2011 was indexed and amounted to 365,700 rubles from January 1, 2011. Let us remind our readers that in 2010 the amount of maternity capital was 343,378 rubles. In addition, we note that the funds of the parent capital in accordance with paragraph 34 of Art.
217 of the Tax Code of the Russian Federation are not subject to personal income tax.
Anyone who wants to receive maternity capital must apply to the territorial body of the Pension Fund of the Russian Federation for obtaining a state certificate for maternal (family) capital at any time after the right to additional state support measures arises. You can apply by filing an application with all the necessary documents.
The decision to issue or refuse to issue a certificate is made by the territorial authority of the Pension Fund of the Russian Federation within one month from the date of receipt of the application for issuance of the certificate. The territorial body of the Pension Fund of the Russian Federation, no later than five days after the date of the relevant decision, sends to the person who submitted the application for issuance of the certificate a notice of satisfaction or refusal to satisfy his application.
Disposal of the means of the parent (family) capital can be carried out by persons who have received a certificate simultaneously in several directions, but only for the purposes directly established by the Law on the parent capital.
In accordance with the Law, the main directions for the use of maternity capital funds are:
1) Home Improvement
This area includes the expenditure of funds for the purchase and construction of housing, including with the involvement of loans. Housing must be in the territory of the Russian Federation. Since 2011, the maternity capital is allowed to spend not only on finished housing or pay construction organizations, but also to dispose of it independently.
Amendments to the law “On additional measures of state support for families with children” introduced the Federal Law of July 28, 2010, No. 241-ФЗ. Simply put, a family can build a house without signing a contract with a third-party company (as was required until now). No less important is the fact that the amendments are not only about the construction of residential premises, but also about its reconstruction.
For example, in connection with the birth of a baby, the parents decided to attach an extra room to the house. Now that they have the necessary documents, they can do it using the funds of the parent capital.
2) Getting an education by any of the children
Parents can spend maternity funds on their children’s education. Your child can get an education at any educational institution of the Russian Federation that has the right to provide such services.
To get an education at the expense of these funds can a child, whose age at the time of the start of training does not exceed 25 years
3) Formation of the funded part of the mother’s labor pension (funds may also be directed to a non-state pension fund).
This support measure is designed to equalize the situation of a woman when she was not working, caring for children, and no insurance contributions were paid to the FIU for her. The cumulative part is one of the parts of the labor pension, which is formed at the expense of insurance contributions received for the insured person to the budget of the PFR.
The legislator grants borrowers the right to use the funds of the parent capital to pay off mortgage loans and pay interest. At the same time, we draw your attention to the fact that the Law prohibits the use of maternity capital funds for the repayment of fines, commissions, and penalties for the delay in the fulfillment of obligations under a mortgage agreement.
Persons who have received a certificate of maternity capital may not direct the funds of maternity capital to pay a fine for late payment of obligations under the loan. This should be taken into account if a credit institution (bank) requires you, as a borrower under a loan agreement for the purchase of housing, to pay a fine using these funds.
As the President noted in his annual Message, speaking of children and demography in the Russian Federation, when a third child is born in a family, it is necessary to allocate land plots for a house or cottage to parents free of charge. “As far as I know, in the Ivanovo region, when a third child was born, it was decided to allocate land for free for the construction of a dwelling house or a dacha,” the president noted. According to him, “this is a very correct measure and an example for other territories.” “I consider it expedient to make this practice ubiquitous,” the head of state emphasized.
In addition, for every child, starting from the 3rd, monthly payments of up to 3,000 rubles will be raised.
The procedure for accepting an application for a one-time payment to the FIU is as follows: you only need to have a passport, the certificate itself, and a bank certificate with the account number.
The application shall include the following information:
- the name of the territorial body of the FIU, in which the application is submitted;
- surname, name, patronymic in accordance with an identity document, and status (mother, father, child). In the event of a surname change, the surname that was given at birth is indicated in brackets;
- information about the identity document;
- information about the place of residence;
- information about the place of actual residence;
- information about the certificate (certificate series and number, information about the organization that issued the certificate and the date of its issuance);
- insurance number of an individual personal account;
- information about the details of the account opened by the person who received the certificate for the transfer of a lump sum payment;
- information about the absence of facts affecting the termination of the right to additional measures of social support for families with children.
This information is confirmed by the signature of the person submitting the application, with the date of filling out the application.
When accepting an application, the territorial authority of the FIU issues a receipt-notification of acceptance (registration) of the application (sending an application by mail sends a notice of the date of receipt (registration) of the application).
- certificate (its duplicate);
- Identity, place of residence of the person who received the certificate;
- Identity, place of residence and powers of a legal representative or a trustee – in case of filing an application through a legal representative or a trustee;
- a document confirming the details of the account opened by the person who received the certificate at the credit institution (bank deposit agreement (account), certificate of the credit organization about the account details opened by the person who received the certificate, etc.);
- documents confirming the acquisition by a minor child (children) of legal capacity in full before reaching the age of majority
- (marriage certificate, decision of the guardianship and custody authority or a court decision declaring the minor fully capable) if the application is submitted by a minor child (children).
Instead of originals, copies may be attached, the accuracy of which is witnessed in the manner prescribed by law. Nevertheless, we recommend that you contact the territorial office of the Pension Fund of the Russian Federation and clarify what set of documents you need in your particular case.