Foreclosure of wages and other income of a debtor-citizen is carried out in the following cases:
- execution of enforcement documents containing requirements for the collection of periodic payments;
- collection of an amount not exceeding ten thousand rubles;
- lack or insufficiency of the debtor's funds and other property to fulfill the requirements of the writ of execution in full.
In accordance with the legislation on enforcement proceedings, persons paying wages to the debtor or other periodic payments to the debtor-citizen are obliged to withhold funds from the salary and other income of the citizen in accordance with the requirements contained in the executive document, and their payment or transfer to the recoverer. The withheld funds must be paid or transferred to the claimant within three days.
Do they have the right to withhold debts from disability payments?
The problem of growing debts concerns different segments of the population, including people with disabilities; some people think that Russian legislation will not allow collecting a debt from a pension or benefit paid to a disabled person. But not everything is so simple here; enforcement proceedings can also be initiated against a disabled person. It depends on the type of income he receives.
❌ Payments not subject to recovery under a writ of execution
According to clause 1 of Article 101 “Types of income that cannot be levied against,” such income includes:
- Social disability pension . Assigned to citizens living in the territory of the Russian Federation who, due to various facts, cannot carry out labor activities, as well as those who do not have the necessary work experience for the assignment of an insurance pension.
- State disability pension . This benefit is assigned and paid to military personnel who received injuries (wounds, injuries, concussions) during the performance of their official duties, and members of their families in the event of the death of these persons, as well as citizens injured as a result of radiation or man-made disasters, participants in the Great Patriotic War war, citizens awarded the sign “Resident of besieged Leningrad”, cosmonauts. Such payments are not subject to penalty under a writ of execution.
- EDV . Monthly and annual cash payments that are paid to disabled people in exchange for compensation for travel, purchase of medicines, etc.
- Payments for caring for a disabled person . The amount of benefits for caring for a disabled person of group 1 in 2021 is 1200 rubles; for parents of disabled children, the benefit amount is 10,000 rubles.
- Compensation for travel to the place of treatment.
Increasing the amount of maternity capital in 2021 and new features of its receipt
To know
When can bailiffs withhold funds from a debtor’s pension and in what amounts, we will tell you using an example from judicial practice
To know
✅ Income that may be subject to recovery
Withholding for the payment of arrears under a writ of execution may be imposed on a disability insurance pension, including a fixed payment with all increases.
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September 30, 2021 11:02
The PFR Branch in the Astrakhan Region often receives questions about deductions from pensions. In what cases do such deductions occur and on the basis of what documents?
The rules by which PFR bodies, on the basis of executive documents, can withhold amounts from pensions, as well as the procedure and conditions for their withholding are determined by Art. 29 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”.
Federal Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings” also provides for deductions from pensions on the basis of enforcement documents received by the territorial body of the Pension Fund of the Russian Federation from the bailiff service (Article 98) or directly from the claimant (Article 9)
The territorial body of the Pension Fund makes the following deductions from pension amounts:
– the amount of overpayments of pensions overpaid to a pensioner in connection with his violation of the pension legislation of the Russian Federation;
– debt on loans, utility bills, administrative fines, taxes and fees;
– compensation for material damage caused to a legal entity or individual;
– compensation for harm caused to health;
– compensation for damage caused by the crime;
The territorial body of the Pension Fund of the Russian Federation can make a decision on the recovery of pension amounts only in the case of overpayments of pensions overpaid to a pensioner in connection with his violation of the pension legislation of the Russian Federation. In all other cases, deductions from pensions are made on the basis of executive documents.
The monthly percentage of withholding within the amount established by law is indicated by the bailiff in the resolution on foreclosure of the pension.
In accordance with the Law, no more than 50 percent can be withheld, and in established cases (withholding alimony for minor children, compensation for harm caused to health, compensation for harm to persons who suffered damage as a result of the death of the breadwinner, and compensation for damage caused by a crime) - not more than 70 percent of the pension (taking into account the increase in the fixed payment to the insurance pension). Deductions based on decisions of the bodies providing pensions are made in an amount not exceeding 20 percent of the insurance pension, a fixed payment to the insurance pension (taking into account the increase in the fixed payment to the insurance pension).
The amount of the monthly percentage of deduction from the debtor's pension when executing a writ of execution is calculated by the bailiff taking into account all the circumstances of a particular case and taking into account the property and financial situation of a particular debtor.
Collection cannot be applied to the following types of income:
1) sums of money paid in compensation for harm caused to health;
2) sums of money paid in compensation for damage in connection with the death of the breadwinner;
3) sums of money paid to persons who received injuries (wounds, injuries, concussions) in the performance of their official duties, and members of their families in the event of death;
4) compensation payments from budgets (federal, constituent entities of the Russian Federation, local) to citizens affected by radiation/man-made disasters;
5) compensation payments from the federal budget, budgets of constituent entities of the Russian Federation and local budgets to citizens in connection with caring for disabled citizens;
6) monthly cash payments and (or) annual cash payments accrued in accordance with the legislation of the Russian Federation to certain categories;
9) insurance coverage for compulsory social insurance, with the exception of old-age insurance pension, disability insurance pension (taking into account the fixed payment to the insurance pension, increases in the fixed payment to the insurance pension), as well as funded pensions, fixed-term pension payments;
10) pensions in case of loss of a breadwinner, paid from the federal budget;
11) payments to pensions in the event of the loss of a breadwinner from the budgets of the constituent entities of the Russian Federation;
13) funds of maternal (family) capital provided for by the Law of December 29. 2006 No. 256-FZ;
16) the amount of compensation for the cost of travel to the place of treatment and back (including the accompanying person), if such compensation is provided for by federal law;
17) social benefit for funeral.
Withholdings are made until the debt is fully repaid, or until the writs of execution are officially revoked.
A pensioner debtor, if there are objective reasons (for example, illness, difficult financial situation, etc.), has the right to contact the bailiff service to reduce the monthly percentage of deductions.
Information about the fact and reason for monthly deductions from pensions can be obtained by calling the hotline of the Regional Contact Center 61-19-44.
