What to do if the pension is less than the subsistence minimum?

Recalculation of pension accruals

All people who are already receiving a pension and are dissatisfied with it need to know that you can always challenge the amount of monthly accruals. First, you need to contact the pension fund (or in an application form through your personal account) in order to recalculate the required amount. It is very difficult for a person who does not have a specialized education to make the calculation independently.

At the pension fund you need to write an application in a certain form and within 5 working days the employees will provide the results of the recalculation. If the result of the check does not satisfy the pensioner, you should contact a higher authority to resolve this issue. It happens that even this does not bring the desired results. Then you need to find a competent lawyer who will deal with the problem of calculating pensions in more detail.

Necessary documents for double-checking accruals

To recalculate your pension, you must provide several documents, namely:

• passport;
• SNILS;
• photocopy of the pension certificate.

Currently, a list of these documents can be easily sent via e-mail, having specified the address in advance.

After verification, the pensioner who applied for recalculation receives a conclusion that displays the length of service available at the time of filing the application, pension points and data from the pensioner’s individual personal account.

Reasons for recalculating pensions

Typically, the reasons for applying for recalculation of pension payments are almost the same. Additional experience may not have been taken into account. This is possible if the person worked in the north, which provides additional benefits. The point that the person worked in hazardous work could have been missed. People often forget to take into account the years in which a person has been on parental leave. The most common mistake in incorrectly calculating a pension is incorrectly indicating the length of service.

There are cases when, after finding out all the available reasons for calculating a small pension, pension fund employees refuse to recalculate. In this case, the pensioner will have to resolve this issue in court.

When going to court, you must prepare all the documents and necessary evidence about the incorrect calculation of the amount of pension payments. The claim is submitted in the form provided in court. It displays all the applicant’s data (full name, place of registration and actual place of residence, if they differ). Information about the lawyer, if any, who will represent the interests of the applicant is also indicated. At the end, the problem, that is, the essence of the claim, is described in as much detail as possible.

It is good if the applicant has evidence of refusal to recalculate the pension fund. This could be correspondence or recordings of telephone conversations.

What to do if your pension is less than the subsistence minimum

Many pensioners from large families whose breadwinner has died are wondering: is it difficult to receive social benefits in this case? The answer is simple - in this situation, the process of obtaining social support is greatly simplified.

If the cost of living has changed in the region where the pensioner lives, an additional payment is made up to this indicator by social assistance authorities. The same applies to people whose disability pension is less than the subsistence level.

If the authorities ignore this issue, the elderly citizen turns to the judicial authorities, where in 90% of cases he gets his way and the local government pays the appropriate funds.

Thus, there is only one basic law on the living wage, but it is the basis for the entire legal system concerning this issue. Regions of the Russian Federation have the right to issue their own regulatory legal acts that do not contradict it.

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• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Pensions, despite the increase in the cost of living, continue to decrease. People who are entitled to a pension on social grounds suffer especially. This state of affairs was expressed at the presentation meeting by representatives of the Pension Fund.

The Russian Pension Fund has calculated that in the new year the pension payment due to old age will be equal to 14,000 rubles. At the same time, the cost of living will be set at 9,300 rubles.

Consequently, the social pension payment will not jump over the PM level, but will be equal to the number 9,100 rubles. But in the future, for 2019, the forecasts are comforting - the pension will be higher than the minimum monthly wage by exactly 2%.

How to take care of a good pension in advance

Of course, no one wants to have problems with their pension payments. To do this, it is necessary to take care of stable payments that will satisfy the needs of the pensioner long before retirement. So, if previously the most important thing in pension contributions was length of service, in our time an important place is occupied by the amount of insurance contributions made by the employer, as well as the average salary.

Care should be taken to ensure that wages are not, so to speak, “black”. Unfortunately, very often the reason for a small pension is precisely unofficial wages. Additional contributions may include participation in any programs created by the pension fund.

WHAT IS IMPORTANT TO KNOW ABOUT THE NEW PENSIONS BILL

Today, Omsk residents are leaving for a well-deserved rest, part of their working experience was in Soviet times, part in the difficult nineties and 2000s, when not everyone managed to maintain guaranteed jobs - some had to be a “shuttle worker”, work without official registration, which means - without contributions to the Pension Fund... Someone had a short or even minimal work experience, had a small salary... All these parameters directly affect the size of the pension. And if in Soviet times the pension legislation was uniform for the entire period of a person’s working activity, because the country’s economic policy was uniform, each period was clearly taken into account and reflected in the work book, then today the pension amount is calculated based on different time periods and different pension legislation - Soviet , post-Soviet and modern. That is why in Soviet times, every pensioner could easily and simply independently calculate his future pension, and today this requires knowledge and practice of applying several federal laws of two countries - the Soviet Union and the Russian Federation.

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It should be noted that in accordance with the current pension legislation, the assignment, recalculation and payment of pensions is carried out by the territorial office of the Pension Fund on the basis of documents on length of service, wages and other documents submitted by the applicant. There are situations when the pension is calculated at an underestimated amount due to the citizen’s own oversight - for example, if he did not indicate that he has a dependent child or is entitled to some additional payments. If the missing documents are provided, from the 1st day of the next month the pension will be recalculated upward.

Cases of reduction of pension payments

Sometimes it happens that the amount of pension payments becomes smaller not immediately, but after some time. This can happen in several cases. For example, due to a failure in the bank system.

If a pensioner has debt on loans and the bank writes off a monthly amount for repayment. The pension fund also undergoes periodic inspections.

If during one of them it was found that payments to a pensioner do not correspond to his length of service or average salary, then this may also lead to a decrease in the transfer of funds. This case can lead to serious problems, including litigation.

What is a social supplement to pension?

Social supplement to pensions was introduced in our country on January 1, 2010 with the introduction of amendments to the current legislation, namely Art. 12.1 Federal Law No. 178 of July 17, 1999 “On state social assistance.”

This payment is established strictly under certain conditions:

• residence on the territory of the Russian Federation;
• receiving a pension in accordance with the legislation of the Russian Federation;
• the recipient is a non-working pensioner;
• the total amount of payments he receives is lower than the PMP value established in the region of his residence.

Here it is important to specify what makes up the total amount of financial support for a pensioner:

• any type of pension payment;
• additional material support (ADS), including payments for special merits to Heroes and WWII veterans;
• monthly cash payments (MCB), including the cost of a set of social services;
• measures of social support in monetary terms, including payment for using the telephone, utilities, travel on all types of passenger transport.

The following payments are not taken into account when calculating the total financial support of a pensioner:

• social support measures established in kind;
• one-time payments.

Thus, a social supplement to a pension is the amount paid to non-working pensioners if the pension payment assigned to them is less than the minimum subsistence level established in the region of residence.

If a pensioner has stopped working, he can also apply for a social supplement, provided that he receives a total amount of cash payments that is less than the minimum monthly wage in his area of ​​residence.

Depending on the source of funding, the following types of financial assistance are distinguished:

• federal - paid through the Pension Fund of Russia at the expense of the federal budget;
• regional - paid by social security authorities from the local budget.

The amount of social supplement is established on the basis of data on the pensioner’s cost of living and changes in two cases:

• when changing the value of the PMP in the region of actual residence of the payment recipient;
• when changing the amount of any payment taken into account when calculating the total amount of material support for a non-working citizen.

The cost of living for a pensioner in 2021 in some regions of the Russian Federation is presented below. The full table can be viewed at the link.

Social supplement at the federal level is assigned subject to two conditions:

• the total amount of material support is below the subsistence level applicable in the region of residence of the citizen;
• the value of the regional PMP is less than the minimum for the country as a whole.

You should apply for federal social benefits to the territorial office of the Pension Fund of the Russian Federation at your place of residence.

Example

The value of the federal PMP for 2021 is set at 8,726 rubles. The cost of living for a pensioner for the same year in the Vladimir region is 8,452 rubles, which is lower than the subsistence minimum in the country as a whole.

Let us assume that the amount of material support for a non-working pensioner from the same region is 7,500 rubles, which is lower than the PMP established in the Vladimir region. Accordingly, such a citizen will be provided with a federal social benefit up to PMP in his region in the amount of 952 rubles:

The amount of additional payment at the regional level is assigned under the following conditions:

• the total amount of material support is lower than the PMS value established in the region at the place of residence of the pensioner;
• the value of the regional PMP is higher than the value of this indicator in the Russian Federation as a whole.

You should apply for regional social security payments to the territorial social security authority at your place of residence.

Example

The federal PMP level for 2021 is set at 8,726 rubles. The cost of living for a pensioner in the Murmansk region for the same year is 12,523 rubles, which exceeds the value of the subsistence minimum wage in the whole of the Russian Federation.

If the material support of a non-working recipient of a pension payment is 10,500 rubles, which is less than the value of the regional PMP, then the citizen will be provided with a regional social supplement up to the PMP established in the Murmansk region. The amount of such additional payment will be equal to 2023 rubles:

• 12523 - 10500 = 2023 rubles.

Social pension refers to regular benefits that are assigned to disabled persons who are deprived of the right to receive a labor pension. Like regular pension payments, social benefits are paid regularly, and the nature and conditions of their accrual are regulated by the main Federal Law “On Pensions in Russia” N 166-FZ.

The legislation distinguishes 3 types of such benefits:

1. For the loss of a breadwinner. Intended for orphans under the age of 18 (up to 23 years, subject to full-time study at a university or any other educational institution), left without one or both parents. It is paid only to those children whose deceased relatives did not accumulate a single day of work experience.
2. Due to disability. Intended for disabled children, as well as adults with any category of disability in the absence of work experience.
3. Due to old age. It is paid to disabled citizens of a certain age by law (it is 65 and 70 years for women and men, respectively), as well as to residents of the Far North who have reached the age of 60/65 years for women/men.
4. Children whose parents are unknown. Paid from January 1, 2018 to minors whose parents have not been identified. The conditions and amount of payments are similar to benefits for orphans.

The main requirement for receiving social security is to belong to one of the listed categories. Also, a citizen must permanently reside on the territory of the Russian Federation.

Important! The main condition for the appointment of old-age social benefits for 2021 is the absence of an insurance period of 10 years (in 2021 - 11 years) and an IPC size of 16.2 (in 2021 - 18.6). If these conditions are met, the citizen receives the right to transfer to insurance coverage.

The minimum social pension in 2019-2020 depends on the type of benefit, as well as on a number of other factors.