Until what age do child guardians pay?

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Children left without parental care. This happens for various reasons, but they all have the same desire - to get into a strong, friendly, loving family. Some children are adopted, but there remain minors who, for a number of reasons, cannot be adopted; in addition, not everyone can adopt a child.

But this does not mean that non-adopted children cannot be raised in a family. The state, in addition to the adoption procedure, has provided another opportunity to take a minor into custody - guardianship. And in order for the guardian to have the opportunity to devote more time to raising the child, as well as to satisfy the child’s material needs to a greater extent, certain types of financial support are provided for families who have taken a minor under their guardianship.

Guardian - who is it?

Many citizens confuse guardianship with guardianship and adoption, or believe that they are the same thing. But this is far from true.

An adopted baby is considered by law to be the adoptive parent’s own, so the state can provide the same assistance and provide the family with the same benefits as for those families who are raising their natural children. No more. In addition, even after a child reaches adulthood, he does not lose family and legal ties with his adoptive parents; he remains related to the family that adopted him until the end of his life.

A minor who is raised by guardians or trustees, unlike an adopted child, does not have any family connection with the guardians (unless, of course, they had one before he was taken into care). Once the ward reaches the age of majority, guardianship duties cease, and the child loses any legal connection with the guardian.

It's the same with guardianship. The only difference is that a guardian is a citizen who has taken in the upbringing of a minor under the age of 14, and a trustee is a citizen who has taken on the responsibility of raising a child from 14 to 18 years of age.

So, a guardian is a citizen who has not adopted, but taken in raising a child left without parental care under the age of fourteen.

Similarities and differences between paid and gratuitous guardianship

The similarities between paid and gratuitous guardianship are in the procedure for appointing and transferring a child left without the care of his mother and father to the family of a guardian or trustee, as well as in the full list of rights and responsibilities for the upbringing, maintenance, development and protection of the rights of the ward.

Differences between gratuitous and paid guardianship:

List of payments and benefits

The state is currently pursuing a policy aimed at raising children without parental care, not in orphanages, but in families. That is why families raising children taken into care are financially stimulated. The legislation establishes two types of financial assistance:

1. Financial support for a family that has taken custody of a child from an orphanage.
2. Payments aimed at helping with the financial support of the minor himself.

It must be remembered that all these payments are provided only for families raising children who are left without parental care. In the case of temporary guardianship, when parents leave the child in the care of relatives or friends for a while, no monetary payments are provided. In this case, parents themselves are obliged to take part in the maintenance of their child.

One-time payments

When registering guardianship, in accordance with Art. 12.2 of Federal Law No. 81-FZ of May 19, 1995, a person who has assumed the responsibility for guardianship of a minor has the right to a one-time cash benefit. This right is retained by him for six months from the moment the order to appoint a guardian is issued. If during this time a citizen does not apply for benefits, he loses the right to a one-time cash payment.

In 2020, the size of the one-time benefit has been increased, and from February 1 it is 17,479 rubles 73 kopecks. This is a benefit for one child taken into care. If a family agrees to raise not one child, but several at once (for example, a brother and two sisters), then the lump sum payment will be doubled (triple or more) (RUB 17,479.73 for each minor taken into custody). These funds do not have a designated purpose, that is, the guardian is not obliged to account for them in any way and can dispose of them as it is convenient for him.

The procedure is quite simple:

• the guardian submits an application for payment of a one-time benefit to the social welfare department;
• it is being considered;
• within thirty days the funds are transferred to the applicant’s account.

Monthly payments to the child

Assistance in providing financial support for a foster child consists of monthly payments for each child under care. In accordance with Art. 37 of the Civil Code of the Russian Federation, a separate nominal account is opened for each guardian, into which these monthly payments are received.

In 2020, if the child is under twelve years of age, monthly payments will be 15 thousand rubles; if the child has already reached the age of twelve, payments will increase to 20 thousand rubles. In order to receive benefits for the maintenance of a pupil, the guardian must submit an application to the department of guardianship and trusteeship.

Unlike a lump sum payment to guardians, this benefit has a specific purpose and should be spent only on the pupil, but there are no specific instructions on how these funds should be spent. To control the intended use of funds, the state requires each guardian, before February 1 of the next year, to provide the department of guardianship and trusteeship with a financial report on how the funds received for the maintenance of the child were spent in the current year.

Also, many regions provide separate cash payments for pupils and guardians to attend various cultural or sporting events. Payments are made in the form of additional payments. In each region, payment amounts are set independently and may vary significantly from region to region.

For example, in the Novosibirsk Region, according to Decree of the Government of the Novosibirsk Region No. 50-p dated February 15, 2017, each child in care is paid an additional 4% of the amount of the basic benefit on a monthly basis for these purposes.

Monthly payments to the guardian

In addition to monthly payments for the child, guardians have the right to receive another monthly cash payment, but not for the maintenance of the child, but for the guardian personally. These payments are considered alternative wages for raising a child left without parental care. In each region, the amount of payments is determined in accordance with regional legislation.

Paid guardianship agreement

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

The basis for paid guardianship or trusteeship is a written agreement concluded between the state (represented by the PLO) and the guardian or trustee.

The conclusion of an agreement is possible only after a complete procedure, which includes submitting documents, completing preparatory courses and receiving a Certificate, inspecting the place of residence, issuing a conclusion on the possibility of being a guardian/trustee.

The procedure for concluding and the form of the agreement are provided for in Art. 153.1 of the RF IC and the Rules for concluding an agreement on guardianship or trusteeship, approved by Decree of the Government of the Russian Federation No. 423 of May 18, 2009.

The paid guardianship agreement must include the following information:

• POO data (name, address, full name of the official acting on the basis of the charter or power of attorney);
• details of the guardian or trustee (full name, date of birth, passport details, place of registration and residence);
• information about the child who is placed under guardianship/care (full name, date of birth and age, state of health, mental and physical development);
• subject of the agreement : on the one hand, guardianship or trusteeship, residence of the ward with a guardian/trustee, the procedure for his maintenance, upbringing and education, protection of the legal rights and interests of the ward; on the other hand, payment of remuneration for the performance of duties;
• rights (receiving information support, choosing educational methods) and responsibilities (providing food, place of residence, education and training, treatment of the child) of the guardian/trustee;
• rights and obligations of the PLO;
• the amount of remuneration, the source of payment (income from the property of the child under guardianship, funds from the local budget or private individuals), the procedure for payment and indexation (in accordance with local legislation);
• liability for failure to fulfill obligations or causing harm;
• settlement of disputes;
• contract time;
• grounds for termination of the agreement (Article 153.2 of the RF IC);
• date and place of conclusion of the contract;
• requisites;
• signatures.

Learn more about monthly payments to caregivers

The amount of monthly cash payments to guardians depends on:

region of his residence;

• the age of the child under care.

The difference in guardianship payments by region is quite large. For example, in the Kemerovo region, guardians receive monthly payments of about five thousand rubles, and in the Irkutsk region - more than fourteen thousand rubles. In Moscow, payments range from 16.5 thousand rubles for one child under twelve years of age, to 22 thousand rubles when he reaches the age of twelve. If a family is raising a disabled child, the monthly benefit increases to 27.5 thousand rubles.

Payment terms

The terms and periods of payments to guardians depend on their form:

1. One-time benefit . As its name suggests, this benefit is paid once after a guardianship order is issued. It is appointed after the person who has taken in the child’s care applies to the Public Education Office with an application to assign him a lump sum payment. A package of documents must be attached to the application. The decision to assign a one-time benefit is made within ten days from the date of the guardian’s application to the guardianship and trusteeship department, the funds are transferred to the applicant’s account within thirty days. The right to apply for benefits is retained by the guardian for six months from the date of issue of the guardianship order.
2. Monthly payments . Just as in the first case, the guardian has six months to apply to the PLO with an application for a monthly allowance. The benefit is paid once a month until the applicant is entitled to receive it.

Registration of benefits

The first and most important stage of applying for benefits will be collecting the necessary documents. The guardian will have to submit to the guardianship and trusteeship department:

• your passport;
• birth certificate of the minor for whom guardianship is granted;
• the application itself requesting benefits;
• decision to establish guardianship;
• an extract from the house register or a certificate from the Criminal Code, which will confirm that the minor child under guardianship lives with the applicant;
• details of the bank in which the guardian has a current account and account number.

In some cases, additional documents may be needed, for example, if a citizen took in a disabled child, then it will be necessary to submit a certificate confirming the disability of the minor. in this case, the benefit amount may be increased.

After all the necessary documents have been collected, the guardian visits the guardianship and trusteeship department, where he hands over all the papers to the PLO employees. After consideration of the application, benefits will be assigned, which must comply with the conditions for establishing guardianship.

Benefits for guardians

In addition to monetary benefits, guardians are entitled to a number of benefits, including:

• tax;
• medical;
• labor;
• for housing and communal services;
• educational.

Tax benefits

A person who has taken custody of a minor is entitled to three different tax deductions; let’s look at each of them.

Standard tax deduction

This deduction will depend on the number of children under care and will be:

• 1,400 rubles – if there are one or two children under guardianship;
• 3,000 rubles – if there are three or more supervised minor children in the family;
• 6,000 rubles – if a disabled child is taken into care.

A standard tax deduction means that income tax of 13% will not be withheld from the above monetary amount of wages.

Social tax deduction

It is used in cases where the ward child is studying at a higher or secondary specialized educational institution on a full-time basis (clause 2, clause 1, article 219 of the Tax Code of the Russian Federation). The conditions for receiving a social tax deduction are:

• payment of personal income tax by the guardian;
• the educational institution in which the guardian's student is studying has the appropriate license;
• The guardian has documents confirming that he incurred the costs of educating the pupil, and these documents must be issued not for the ward, but for the citizen who will subsequently receive this deduction.

Property tax deduction

This type of tax deduction is possible only if the guardian acquires residential premises or land as the property of the child under his ward.

Labor

The labor benefits of a guardian of a minor are:

1. Providing a guardian with parental leave until the child reaches the age of three. This benefit is available to all guardians if they have adopted a child under three years of age.
2. Leave due to illness of a student. If the child is under seven years old, then for the entire period of illness, if older, then for fifteen days for each event of the illness.
3. According to Art. 93 of the Labor Code of the Russian Federation - the right to part-time work or a part-time work week.
4. If the pupil is under five years old, he has the right to refuse to work at night (Article 96 of the Labor Code of the Russian Federation).
5. If a guardian is raising a disabled child, then, according to Art. 262 of the Labor Code of the Russian Federation, he has the right to receive four paid additional working days per month.
6. According to Art. 262.1 of the Labor Code of the Russian Federation, a guardian raising a disabled child also has the right to go on annual paid leave at any time convenient for him.

Medical

Families raising children under guardianship have the right to receive additional medical benefits:

1. A person raising a child without parental care, with a prescription from a pediatrician, receives free of charge from the dairy kitchen all the baby food the child needs.
2. Also, the guardian, with a prescription from the attending physician, has the right to receive free of charge any medications necessary for a child under three years of age.
3. A child under guardianship has the right to an annual free medical examination by any specialist, including those specializing in any specific medical area.

Educational

Educational benefits include the following:

• kindergarten fees are reduced by at least 50%;
• all school textbooks are provided to the pupil free of charge;
• the child has the right to two free meals a day in an educational institution;
• The student has the right to study at preparatory courses in any higher or secondary educational institution free of charge.

In the housing and communal services sector

Families raising children left without parental care receive additional support from the state and in the field of housing and communal services.

1. Families raising a disabled child receive a discount on housing and communal services.
2. If a family lives in an apartment under a social tenancy agreement, then it has a discount on rent for residential premises.

For guardians of a disabled child

The state has a special attitude towards families raising children with disabilities. Families with disabled children taken into care are no exception.

1. In each region, there is a supplement to the monthly caregiver benefit. Depending on the region, the amount of additional payments varies from several to ten or more thousand rubles.
2. If a guardian has taken care of a disabled child, then he gets the opportunity to retire early (five years earlier than usual), but only if the total work experience is at least fifteen years for women and twenty years for men.
3. Citizens raising a disabled child left without parental care have the right to independently choose at what time of the year they will use annual paid leave.
4. A family raising a disabled child has the right to a fifty percent discount on housing and communal services.
5. Children under guardianship have the right to an annual free rehabilitation course and sanatorium-resort treatment.

What is paid guardianship

Paid guardianship or guardianship is the placement of orphans and children deprived of parental care in the family of a guardian or trustee who receives remuneration for fulfilling the duties of education, maintenance, and protection of the rights of the ward.

Paid guardianship or guardianship is assigned exclusively to children. Only gratuitous guardianship can be established over an incapacitated adult.

Payment of remuneration occurs on the basis of an agreement on the paid performance of duties , which the POO concludes with the guardian or trustee (Clause 2 of Article 16 of the Federal Law “On Guardianship and Trusteeship”).

Remuneration can be paid:

• from income from the property of a child under guardianship (the amount of remuneration cannot exceed 5%, calculated according to the report on the storage, use, and disposal of the property of a child under his guardianship);
• from funds of private individuals;
• from local budget funds.

The remuneration is paid regardless of the receipt by the guardian/trustee of basic benefits, payments and benefits intended for the maintenance of the ward. The guardian or trustee has the right to spend the remuneration at his own discretion for any needs.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

According to paragraph 6 of Art. 145 of the RF IC, concluding an agreement on paid guardianship/care is possible in one of the forms:

• foster family (Article 152 of the RF IC);
• patronage

Adoptive family

A foster family is family guardianship or care for orphans and children left without parental care (Article 152 of the RF IC). Adoptive parents are given all the rights and responsibilities of guardians or trustees in relation to children adopted into the family.

Adoptive parents can be spouses or unmarried persons (Article 153 of the RF IC).

The number of children who can be accepted into a foster family (including relatives) should not exceed 8 (clause 3 of the Rules for creating a foster family, approved by Decree of the Government of the Russian Federation No. 423 of May 18, 2009).

A written agreement is concluded between the guardian or trustee (adoptive parent) and the educational institution the form and content of which are provided for in Art. 153.1 of the RF IC and the Rules for concluding an agreement on guardianship and trusteeship, approved by Decree of the Government of the Russian Federation No. 423 of May 18, 2009. Among other provisions, the agreement includes provisions on the amount and procedure for payment of monetary remuneration for performing the duties of a foster parent.

The foster parent receives not only monetary compensation, but also work experience.

Patronage

Today, foster care is not widespread enough , since there is no legislation that defines in detail the procedure for this form of child care.

However, foster care is used in some educational institutions for orphans and children left without parental care, and is regulated by internal rules and regulations.

Patronage involves a form of guardianship or trusteeship in which the foster guardian or trustee does not live with the child . He is endowed with the main responsibilities for upbringing, education, protection of the rights and interests of the ward, but is deprived of a number of rights, including the right to dispose of the ward’s property.

As a rule, a foster carer or trustee is appointed from among the teachers or educators of the institution in which the child is placed. For performing patronage duties, the appointed guardian or trustee receives additional payment.

Changes in legislation

Over the past ten years, financial and other support for families raising children who have lost their parents has increased significantly. This is due to the fact that the state is pursuing a policy aimed at reducing the number of children raised outside the family, in orphanages and boarding schools. This policy led to a fairly significant decrease in both the number of orphanages and the number of children living in them.

For comparison: in 2010, more than 93 thousand children left without parental care were raised in orphanages. By 2020, this figure had decreased to 43 thousand minors.

If you study Russian legislation aimed at supporting families with children taken into care, you can understand that the established financial support is quite large. However, often, at the regional or municipal level, officials are in no hurry to notify citizens who have decided to take a child under their care about all the benefits they are entitled to. In some cases this is due to the simple indifference of officials, in others a corruption component can also be traced.

In cases where you believe that your rights as a guardian have been violated, you can seek help from an experienced family law lawyer. You can also ask any question or get advice from our website specialists. For this it will be enough:

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Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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Procedure for receiving cash benefits

The registration of guardianship over the child is carried out by local social protection authorities in order to agree on this. For registration you will need:

• Agreement on foster family (you need to sign it in advance).
• Documents confirming the identity of the guardian.
• Documents of a minor under guardianship. If the child has health problems or a confirmed disability, this must be indicated in order to increase payments.

How to properly obtain custody of a child?

1. The guardian must have full legal capacity. The most important criterion by which the possibility of taking a child into guardianship is determined is a sufficiently large package of documents:
   a copy of the court decision on guardianship
2. a copy of the court decision that the biological parents of the ward do not have parental rights
3. medical certificate that the guardian is healthy
4. recommendations from the guardian's place of work
5. certificate of income of the trustee
6. copy of the main document: passport
7. extract from place of residence or registration
8. photocopy of marriage certificate (if available)
9. written consent from all family members for guardianship
10. detailed description of the apartment and house where the ward will live
11. document or certificate with information about the guardian’s lack of criminal record
12. After submitting the entire package of necessary documents, the commission examines all data for a period of 7 days .
13. Within 3 days, the guardianship authorities will inspect the apartment or house where the child taken under guardianship will live.
14. After this, an inspection report is drawn up by the guardianship authorities, in which they make a decision on obtaining guardianship. The validity period for guardianship permission is 2 years .
15. Upon approval of the guardianship agreement, an act is drawn up. The act has a limited period of validity until the occurrence of a certain event. This concludes the child custody process.

Important: it should be remembered that guardianship of children over 10 years of age can be exercised only with the consent of the child.

Taking custody of a child is an important step in both the child’s life and yours. The state is trying to provide maximum funds to carry out this “operation”, but do not forget about the instructions for the ward and his upbringing.