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At the legislative level, orphans are minor citizens of Russia who are left without parents. The death of close relatives is taken into account here.
Often, such children live permanently in social children's institutions (orphanages), from which they can move into families with guardianship. Despite this, the minor will be paid a pension as an orphan, the registration of which occurs in accordance with compliance with the law.
Types of pensions for orphans
An orphan's pension is a social benefit, which is divided into two types. These are transfers due to the loss of a breadwinner and in their complete absence, which can occur as a result of various reasons. On this issue, for example, there are situations when a child is found, but the parents have not been identified.
For the loss of a breadwinner
A survivor's pension is transferred to orphans when both parents have died. This type of insurance is also called “labor”. Payments are made based on the fact that the deceased citizen was previously employed - one working day is enough to calculate the pension.
If parents are unknown
If the parents of a minor child are unknown, based on Federal Law No. 162 of July 2021, he has the right to receive a pension as an orphan. The amount is calculated according to cases where both relatives die.
Reference! If the child is under guardianship, he continues to receive pension contributions, which are transferred to his personal bank account. If a minor is officially adopted, payments stop. Termination occurs on the first day of the next month after registration of “parenthood”.
From 2021, the amount of payments for orphans in foster families will increase
“This amount will be equal both for children who attend kindergarten and for schoolchildren and students. Deputies are confident that such a measure will have a positive impact on the placement of children in foster families. In past years, it has already shown its effectiveness,” commented the Chairman of the Legislative Assembly of the region, Andrei Lutsenko.
It is reported that for preschool children the payment will increase by 40%, for schoolchildren and students - by 20%. The last time the payment amount increased was in July 2021. Currently, the benefit for orphans of preschool age is 5,980 rubles, and for schoolchildren and students - 8,234 rubles. Starting from 2021, it is planned to introduce a single amount of 10,105 rubles.
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Features of benefit assignment
At the legislative level, orphans are those minors who are left without parents due to various reasons. These may also be situations related to deprivation of parental rights. But children who have lost close relatives as a result of legal proceedings acquire the right to receive benefits and allowances. In this case, pensions are not paid to the orphan.
The following minors can apply for orphan pensions:
- Those who have lost their parents must be declared dead. When relatives die, the minor's official representative obtains a death certificate from the registry office.
- Parents are unknown . Guardianship authorities, in accordance with Articles 16 and 19 of the Law “On Civil Status Acts” No. 143 of November 1997, must register the found child in the registry office within 7 days from the date of discovery. During registration, information about parents is not entered, so he is automatically recognized as an orphan.
- Parents are missing . This is a difficult situation from a legal point of view. Here Article 45 of the Civil Code of the Russian Federation comes into force. Based on the legislative act, searches must be carried out for 5 years, after which they are declared dead in court. Only after this the child becomes an orphan and begins to receive a pension.
The situations when a child is recognized as an orphan are different. Each is considered individually.
Conditions for appointment
Pension accruals for orphans are regulated by Federal Law No. 166 of December 2001. According to the presented legislative act, benefits are assigned to minors and disabled children who live in Russia but do not have parents due to various reasons. The category of disabled children who also became orphans is considered separately. They are provided with additional benefits and allowances.
Other conditions for appointment include:
- benefits are transferred for the entire period of incapacity for work of the minor;
- the survivor's pension is paid only if the deceased was officially employed, at least for 1 day;
- the orphan should not be involved in the death of his parents - the minor did not commit illegal actions against his parents, which led to their death;
- there is no need to prove dependency - it is enough to provide a birth certificate with “dashes” in the maternity and paternity columns or a death certificate of the parents.
Since the orphan has an official representative in the person of the guardian or employees of the social institution in which he lives, they are the ones who deal with the issue.
Receipt procedure
It is easy for an orphan to receive a pension when he has an official representative. If a minor lives with relatives, but they have not formalized guardianship, the documents will not be accepted by the Pension Fund.
Employees of the guardianship authorities who help relatives obtain guardianship for the child can also apply for a pension for an orphan. To apply for a pension, you must submit documents to the Pension Fund.
This can be done in the following ways:
- by personal appeal to the Pension Fund of Russia branch - apply at the place of registration of the minor;
- by filling out an electronic form on the official website of the Pension Fund;
- by personal appeal to the MFC - you can visit any nearby center;
- through the employer - valid for guardians.
If the child is in an orphanage, employees submit an application to the Pension Fund office at the location of the social institution.
For registration, you must prepare the following documents:
- application for assignment of payments - filled out upon application using a sample or in electronic form;
- child's birth certificate or passport upon reaching 14 years of age;
- passport and identity card of the applicant's guardian;
- a social worker’s certificate, if an employee of a government agency submits an application;
- death certificate of the parents, if available - if the child is found, a birth certificate with “dashes” in the maternity and paternity columns is sufficient;
- certificate of family composition - required for the applicant-guardian, which confirms the fact of his residence in Russia;
- bank statement about personal account information.
If any documents are not available, Pension Fund employees give 3 months to prepare and receive them. If provided on time, the pension will be paid from the moment the application for payments is submitted - the child will receive money for all 3 months.
Attention! A certificate of family composition is also required when registering an orphan on the territory of a guardian - it is important to confirm his presence in the life of a minor child.
How is a pension assigned to orphans?
Children have the right to receive pension accruals for the loss of parents:
- under eighteen years of age;
- those who lost the only person they were dependent on (if the father or mother is a single parent);
- who have lost both parents/adoptive parents;
- who have reached eighteen years of age and are undergoing full-time studies (if the student’s age does not exceed 23 years).
Pension payments to designated persons are due from the moment of death of one or both parents. To do this, within a year, counting from the date of death, they contact the territorial body of the Pension Fund of Russia.
To apply for a pension, the following documents are collected:
- birth certificate of a needy child;
- death certificate of breadwinners, documentary evidence of the fact of missing persons or the fact that the deceased was a single parent;
- passport, if the child has one, or the passport of his legal successor;
- a certificate confirming guardianship or trusteeship, if a person with such status applies to the Pension Fund;
- work book of the deceased or documents confirming the fact of his work activity;
- military ID or certificate confirming military service (for those liable for military service);
- certificate of form 2-NDFL containing information on the wage earner for 5 years in the period up to 2002 (for 2001-2002, there is no need for a certificate, since the data for this time is in the personalized accounting system and is available to PF specialists).
If the child for whom the pension is being issued has reached the age of eighteen, but is undergoing education, then a certificate from the place of study is provided to the Pension Fund. If the child and parents have different surnames, the fact of marriage or divorce of the person applying for payments, documentary evidence is provided from the hands of the registry office employees (certificates of change of surname, divorce or marriage).
Payment processing procedure
The payment processing procedure may vary depending on the individual case. But the general sequence of actions is as follows:
- First, it is necessary for a minor to obtain the status of “orphan”. This is done in several ways, depending on the situation. First of all, they go to the registry office, where they receive a death certificate for their parents. As a rule, it is drawn up immediately after their death, so the official representative only needs to use the prepared document. If a child is found, he is registered at the registry office with the help of representatives of a social institution - the guardianship authorities. If parents are missing, a death certificate for them can only be obtained by submitting a court decision.
- As soon as the “orphan” status is received , they collect all the documents that were presented above. In this case, it is easier for employees of a social institution - they only need to provide a certificate of the minor’s residence with them. Guardians must prove the presence of a child in their life - for example, submit a certificate of family composition with registration of the minor on the territory of his property. Also, an affirmative document is the mandatory presence of a guardian’s certificate and confirmation from the guardianship authorities that the orphan is living with him (confirmation from guardianship authorities is necessary when registering a child in another territory).
- The official representative needs to contact the bank to open an account for the orphan. Take a statement with information about your personal account.
- With the collected documents, contact the Pension Fund using any of the above methods. Write an application and wait for it to be registered by employees.
Then all that remains is to wait for the payments that will be transferred to the orphan’s personal bank account. The guardian can use the money, but he must present all receipts for purchases for the orphan during the inspection by the guardianship staff.
Employees of the social institution where the orphan lives cannot use the funds. The money will be collected in the minor’s account, which he will be able to use after he turns 18.
How much will orphans receive in 2020?
In 2021, children who lost one breadwinner were paid 5,283.84 rubles, and orphans - 10,567.73 rubles. In 2021, it is planned to index social pensions by 4.1% from January . This means that the survivor's pension will be 5,500.50 rubles, and orphans will begin to receive 11,001 rubles.
Orphan pensions are significant assistance from the state to minor citizens and their guardians. They can use the funds at their own discretion, but in the interests of the child.
Payments and financial assistance to orphans in 2021
To apply for an insurance pension, additional paperwork will be required: a certificate from an educational institution, documents confirming the fact of the applicant’s permanent stay in Russia. If some evidence is not on hand, Pension Fund employees will accept the application and provide three months to collect the rest.
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The recipient of the pension benefit or his representative, upon the occurrence of one of the circumstances that cancels the right to material state support, is obliged to contact the pension fund employees with a corresponding application. If transfers continue to be made, the Pension Fund may request the return of illegally paid funds based on a court decision.