Question: Hello, please tell me, my friend has three children, the second is already 4 years old, but he never received maternity capital, please tell me, can he still get it or is that all? And what do we have by law for a third child? Thank you.
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If the certificate is not received after the birth of the second child, you need to apply for it from the Pension Fund. The third one in some regions is entitled to additional regional maternity capital.
Duration of the maternity capital program
The federal program “Maternity Capital” and all the necessary legislative framework began to take effect back in 2007. On December 29, 2006, the corresponding Law No. 256-FZ “On additional measures of state support for families with children” was adopted.
Until what year was maternity capital extended for a second child in Russia - Until December 31, 2021
The purpose of launching the program, initiated by President Putin, is to stimulate childbearing in order to improve the demographic situation in the state.
More specifically, family maternity capital is a one-time monetary assistance for families who gave birth to or adopted a second (third, etc.) child from January 1, 2007 to December 31, 2018.
However, on December 21, 2021, on the initiative of Vladimir Putin, the State Duma adopted amendments to the legislative act FZ-256.
These changes extended the validity of the main provisions of the state program until December 31, 2021 inclusive, and expanded their application. In particular, low-income families will be able to receive monthly payments. The amount of capital itself remains unchanged and amounts to 453,026 rubles.
Remember! The end of the law does not mean that families with two or more children will lose the right to maternity capital. Parents whose child was born or taken from an orphanage after December 31, 2021 will not be able to count on it.
Read: Maternity capital: changes in 2021
How long can maternity capital last?
- In fact, the program itself does not end in 2018, but only the issuance of certificates ends. Based on this, a family can apply for this form of state support at any time convenient for them.
It is possible to issue a certificate decades after the right to do so becomes available. The state foresaw this and therefore introduced a system of annual indexation of the allocated amount so that these funds do not depreciate over the years.
However, the latest cancellation of indexation showed the unstable situation in the country. Already, the amount of maternity capital has decreased by one third in relation to the prices that were in the country at the time of the launch of the program.
That is why many experts advise not to delay the paperwork so that the certificate can be implemented as soon as possible.
Another reason for quickly obtaining a certificate is the birth of a third child.
It would seem that there is nothing wrong with this, but if you want to issue a certificate for a second child, after the birth of the third, then you may encounter the following problems:
- Pension Fund employees may see an attempt to issue a certificate for a second child as a certain infringement of the rights of the third child, who is the youngest in the family;
- all such disputes are resolved in court, where a person has practically no prospects, because the requirements of the Pension Fund of Russia are absolutely legal.
It turns out that if a third child is born in the family, then a certificate will have to be issued for him. Consequently, it will be possible to use these funds only after he turns three years old.
It turns out that the waiting period is increasing, because if the parents had bothered in advance by issuing a certificate for the second child, then the three years established by law would have to wait from the moment of his birth.
So, we have dealt with the topics about until what date and year maternity capital will be issued, how long it will be extended, now let's talk, until when can the funds received be used?
The validity of an already issued certificate is not limited. Its capabilities will not be affected in any way by further laws, repeals or changes to them. The validity period of maternity capital can be considered unlimited, its validity does not end and it is unlikely that it will ever be cancelled.
There are some exceptions regarding the purposes for which it is used. For example, you can use money for a child’s education only until he turns twenty-three years old, at the time of commencement of education. It follows from this that the validity period is still limited. But it has its own limitations, individual for each family.
- A woman who gave birth to or adopted a child born in 2007 or later. She must be a citizen and resident of the Russian Federation.
- A man who is the father or sole official adoptive parent of a child. The requirements for the age of the child and the status of the man remain the same.
- A man who is the father or legal guardian of a child. The right to register or dispose of maternity capital is transferred to him in the event of termination of the mother’s rights to these actions. This may happen due to her death, deprivation of parental rights and other reasons. A man can have citizenship of any country.
- A child whose parents do not have the right to obtain maternity capital for certain reasons.
In 2021, the list of purposes for which maternity capital can be spent has expanded by one item. Now the maternal capital can be spent on one of the following purposes:
- Improving living conditions;
This paragraph refers to the purchase of a new apartment/house or restoration of a previous home;
- Ensuring the child’s educational process;
In this case, funds of material capital for educational purposes can be spent not only on the second, but also on the first child (who needs to receive an education).
- Transfer of maternity capital to a funded pension account;
- Providing a disabled child with the things necessary for a full life;
about the author
Alexander Eremeev
Experience as a lawyer - since 2005. Graduated from the Moscow State Open University with honors. Private practice, specialization - migration and civil law.
What is the deadline for issuing a certificate?
To become the owner of a certificate that gives the right to maternity capital, parents contact the Pension Fund or a multifunctional center. They can do this two weeks after the baby is born. The deadline is his coming of age.
Remember! The certificate will be issued 1-1.5 months after the parents submit all documents to the Pension Fund of the Russian Federation or a multifunctional center. Civil servants are obliged to make sure that maternity capital has not yet been provided to the family.
The right to receive funds disappears only when children reach 18 or 23 years of age
Procedure for obtaining maternity capital
Obtaining maternity capital is a fairly simple and quick procedure. The Pension Fund of Russia is responsible for registering large families in this program and issuing certificates. This is where you need to go to receive maternity capital.
When applying, a person submits a certain package of documents, which consists of the following papers:
- An application drawn up in a special form expressing a desire to participate in the program.
- Identification document of the applicant (passport).
- A document that confirms the implementation of the insurance procedure.
- Birth certificates of children.
- Court order allowing the adoption of children (if necessary).
- A document that confirms that the child is a citizen of Russia (if necessary).
After submitting the application and the package of necessary documents, all that remains is to wait for the final decision of the government body. The date of receipt of the certificate is informed through a notification. The document can be obtained in person at the department of the authority. If this is not possible, it can be sent electronically.
Duration of use of maternity capital
There is no specific fixed date after which maternity capital becomes unavailable. The main thing is that the person was born no later than December 31, 2021, and his age does not exceed 18.
Remember! Capital is also issued until the age of 23, if the money is used to pay for full-time education, accommodation at the place of study in a rented apartment or student dormitory.
An adult receives funds himself, without parents, if:
- they both died;
- deprived of parental rights: they went to prison, were prosecuted for cruelty to children, or voluntarily renounced their rights and placed the child in the care of the state.
The deposited money does not depreciate in value, since it is regularly indexed. Indexation will continue even after the law expires on December 31, 2021.
However, from 2021 this norm has been temporarily suspended due to the worsening economic situation. Indexation will begin again on January 1, 2021.
Read: What can you use maternity capital for in 2021?
The law states that maternity capital funds become available only when children are at least 3 years old. But in the situations described below, money becomes available immediately after the birth of the child. Or more precisely, within a month or two after the parents submit an application to receive funds.
Mother and father have the right to count on money immediately if:
- They buy living space, arrange and pay for a mortgage, and take out a loan to build an apartment. The borrower can be not only a person who has the right to maternal capital, but also his wife (husband). Early receipt of funds is allowed for: down payment for an apartment, repayment of the loan principal, interest.
- Parents are going to spend it on the social rehabilitation of a child with a disability.
Terms of money transfer
Transferring money when purchasing a home or paying a down payment on a mortgage occurs in stages:
- The first stage is approximately 1.5-2 months after the application is approved. The countdown begins after the Pension Fund specialists review the package of documents submitted to them.
- The second stage is 6 months after submitting the application. A prerequisite is that the fact of construction must be confirmed.
The opportunity to dispose of maternity capital when children are not yet 3 years old appeared in 2021 after legislative changes initiated by President Vladimir Putin. In particular, it is not prohibited to spend “maternal” assistance provided by the state on preschool care for children under three years of age.
Maternity capital can be used for a kindergarten or nursery (even if they are private. But only if these organizations are registered legal entities). Parents can receive money “for nursery” not immediately after the birth of the child, but when he turns 2 months old.
Families have the right to receive part of the maternity capital every month, provided that:
- their average per capita income is less than the subsistence level of the region where they live;
- The child is not yet one and a half years old.
The amount of assistance to low-income families is equal to the subsistence level (for children) in the region. In Mordovia the amount is almost 9,000 rubles, and in Yakutia 17,000 rubles.
Read: How to withdraw 25,000 rubles from maternity capital in 2019
When will maternity capital be cancelled, and is it worth rushing to spend it?
According to official data, the validity of maternity capital is limited to 2021. There is no reason to consider this information as an immutable fact, since, for example, a year ago it was assumed that the end of the program would be the end of 2018.
In one of his interviews, D. Medvedev said that the state will support families with children as long as there are enough budget funds for this. The head of government also added that the Russian fertility promotion program is unique of its kind.
In no other country in the world, Medvedev emphasized, are demographic problems solved with the help of government subsidies. Our program in this regard has no analogues in world practice.
This is one of the most effective and successful social programs in the modern history of Russia, but it is quite possible that the time of its end is approaching.
Families interested in receiving financial assistance from the federal budget and planning to have a second child should hurry to put their plans into practice before the beginning of 2022.
When asked whether those who already have a certificate should rush to spend maternity capital before this deadline, I answer: no, if there is no need for it. That is, if everything is in order with your living space and there are no financial problems, you can wait until the moment when you really need the funds.
For example, a child will need to pay for art or music school. Or the money will be needed to finance university education and pay for the student’s dormitory.
Remember that you can use maternity capital for educational needs until your son or daughter turns 23 years old.
In addition, new opportunities for using federal funds have emerged in recent years. More details about this in the next section.
Regional maternity capital
Regional authorities have the right to pay their own maternity capital, in addition to the federal one. Local government agencies can even set the timing, amount, and situations when this money becomes available to parents.
In different subjects of the state, the provisions on regional maternity capital are not the same. In many regions:
- “local” maternity capital cannot be obtained after the birth of a second child. Only families with at least three children can count on money;
- In some regions of the state, capital is allowed to buy a car or land.
As with federal maternity capital, its regional “version” can only be obtained once. Duplicate receipt is prohibited, constitutes fraud and is punishable to the fullest extent of the law.
Here are a few examples that clearly show the difference in regional programs:
- In the Kaliningrad region, parents who have more than two children receive 100,000 rubles. With these funds they can buy a car, and not only buy living space or pay for their child’s education.
- In the Sverdlovsk region, parents have the right to even buy a plot of land or a dacha using maternity capital (more than 125,000 rubles).
- In the Ivanovo region, parents receive 50,000 rubles. They can spend this amount however they want.
Parents receive regional maternity capital when the child turns 3 years old, or immediately after his birth, if the money is needed to improve living conditions, pay off a loan for an apartment or take out a mortgage.
Funds are transferred 10 working days after the regional authority has reviewed the documents submitted by the family and made a positive decision.
Need to remember
- The maternity capital program has been extended for three years - until December 31, 2021.
- The government has suspended the indexation of maternity capital until 2020.
- It is possible to receive maternity capital funds before the child turns 3 years old. If the family's income does not reach the subsistence level, the family receives part of the amount every month.
- In addition to the federal program, there are also regional ones. Subjects of the Russian Federation decide for themselves how long to pay funds, in what situations and in what amount. In many regions, money can be spent on buying a car, land, or for any purpose at all.
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