Who are dependents: description, rights, responsibilities and interesting facts
- Identity document.
- Certificate of your income.
- Certificate from the local administration about family composition.
- Birth certificates of dependents (required if these are children under 18 years of age).
- Certificate of study at a secondary or higher educational institution (dependant student benefit).
- Additionally: an agreement on paid training, receipts confirming its payment.
- Documentation confirming the existence of expenses specifically for the dependent: receipts from pharmacies, specialty stores.
A dependent is a child up to what age
If you need assistance of a legal nature (you have a complex case and you don’t know how to fill out documents, the MFC unreasonably requires additional papers and certificates or refuses them altogether), then we offer free legal advice:
Dependent child up to what age
- the amount of monthly financial support for persons who have received insurance payments cannot be lower than the established minimum subsistence level for a pensioner;
- when indexing pensions, the amount of established individual pension supplements is revised towards increasing the amounts payable;
- the assignment of a regional allowance is regulated by the regulations of the relevant regional units.
- passport;
- SNILS;
- birth certificate of the child/children (for adopted children – adoption certificate);
- a document confirming the right to additional payment (an agreement with an educational institution, indicating the fact of full-time study, if necessary, a certificate from the educational institution).
- Children of a pensioner under the age of 18 are considered disabled by age, and, accordingly, are recognized as dependents in the general order.
- Brothers and sisters of a pensioner under 18 years of age are dependents, provided that they do not have their own able-bodied parents (died, deprived of parental rights).
- The parents, spouse, and grandfather/grandmother of a pensioner are considered to be supported if they are recognized as incapable of work due to age (disability), and the amount of their pension is below the subsistence level.
How to calculate the amount of surcharge
- if all documents are completed correctly and provided in full, the pensioner will receive a notification about the appointment (extension) of the additional payment ;
- if the documents contain errors, inaccuracies, inconsistencies, or some of the documents are missing, the text of the notification will indicate the need to revise the documents ;
- a notice of refusal to pay will be sent to the pensioner if there are no grounds for assigning a payment (the child is over 23 years old or is studying part-time).
Starting from this year in Latvia, the amount of benefits for dependents is increasing, but real higher or special education, up to the age of 24; You cannot receive funds for maintenance (alimony) from your parents. The document confirming the presence of a dependent will be a certificate. This article will tell Children under 18 years of age are supported by their parents. And this. Dependents for the purposes of providing a deduction are recognized as: with educational institutions"), you ARE a dependent for your PARENTS. And to that. The wife has a 10-year-old minor child from her first marriage; the father has been deprived of parental rights. How many dependents do I have?
up to what age is a child considered a dependent? And among dependents, two types can be distinguished - dependents of the state. And to the second, children living in the care of their parents, or in a more general case, people living on. Help, please (I couldn’t get through to VID). full-time, then until how many years will he be considered a dependent (WILL NOT WORK)? If parents do not work, then they are dependents, and children can apply the dependent benefit for July, but not for August. Starting from this year in Latvia, the amount of benefits for dependents is increasing, but real higher or special education, up to the age of 24; You cannot receive funds for maintenance (alimony) from your parents.
Until what age is a child born?
In your case, you need to go to court with a claim to evict the defendant, since by virtue of clause 7 of Art. 28 of the Law on Bankruptcy of individuals are recognized as equal upon termination of guardianship for the right to use residential premises.
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Even if he enrolls in the correspondence department, he will be considered an employee. The author of the question chose this answer as the best. There are so many dependent children now! Broken. Failures when choosing a life path, profession and decisions made.
Temporarily unemployed able-bodied people are not dependents. Article 264 of the Code of Civil Procedure of the Russian Federation directly provides for one of the types of legal facts - the fact of being a dependent, on which the emergence, change, termination of personal or property rights of citizens depends. The mere fact of being a dependent is not subject to any registration.
A child under 18 years of age is considered a dependent
Schoolchildren were asked “elementary questions”: for example, name the author of a literary work, the capital of the state, and explain the meaning of the word. In a group of 15 schoolchildren aged 14 to 16 years, only two were able to explain the meaning of the word “dependent”.
Sergei is 21 years old. He is studying full-time at the Agricultural Academy to become a veterinarian. In addition to Sergei, there is another son in the family, who is already 25 years old. For their youngest son, parents receive a standard deduction for a child who is a full-time student of 1,400 rubles. every.
Is the child under guardianship a dependent?
paragraph. 2 tbsp. 17. Persons who are dependent on disabled family members specified in paragraphs 1 (1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner studying full-time form of training in basic educational programs in organizations engaged in educational activities, including in foreign organizations located outside the territory of the Russian Federation, if the referral for training was made in accordance with international treaties of the Russian Federation, until they complete such training, but not longer than until they reach the age of 23 years or children, brothers, sisters and grandchildren of the deceased breadwinner over this age, if they became disabled before reaching the age of 18 years. In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents;
Is the student a dependent?
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Is my daughter a dependent? She graduated from school in 2013, entered college full-time in September, but was expelled due to illness in November. Then she didn’t work anywhere, received treatment and prepared for additional subjects on the Unified State Exam, and in 2014 she entered the institute again as a full-time student, where she is currently studying. Her mother (my wife) died on March 5, 2015. She left a will only for her son from her first marriage. The inheritance case was opened by a notary. Milevsky's office.
The generally established amount of a fixed payment to the old-age insurance pension today is 5334.19 rubles. per month without the regional coefficient, taking into account the regional coefficient of 1.4 is 7467.87 rubles, taking into account the regional coefficient of 1.5 - 8001.29 rubles. In an increased amount if there is, for example, one dependent child - 7112.25 rubles. per month without the regional coefficient, taking into account the regional coefficient of 1.4 will be 9957.15 rubles. (increase by 2489.28 rubles), taking into account the regional coefficient of 1.5 - 10668.38 rubles. (increase by RUB 2,667.09).
The school year has begun! The PFR branch for the Republic of Tyva reminds that pensioners receiving old-age or disability insurance pensions, who have dependent student children under 23 years of age, have the right to receive an increased fixed payment to the insurance pension.
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- confirming that you are dependent on a parent. These include certificates of joint residence with a parent, a certificate of being a dependent parent, documents on the parents’ income, and for children living separately from their parents, additional documents confirming that the help of a parent applying for an increase in pension is the main and permanent source of funds for the child for existence (for example, documents confirming payment for accommodation, documents confirming the transfer of funds - receipts, etc.);
The calculation also takes into account the regional coefficient, if it was used when setting the pension. Unable to work citizens are considered:. This word appears quite often in modern legislation. However, the laws do not establish an unambiguous definition of it. There are no separate laws and regulations dedicated to dependents. However, this term is mentioned in various legislative documents. These designations are used in civil legislation in the rules concerning the grounds for the emergence of benefits for citizens in connection with inheritance or receipt of state support.
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There is no direct mention in the legislation of who dependents are and what payments pensioners can count on when caring for these categories of people. But there is an instruction to increase the insurance portion of the labor pension accrued for non-working family members. Who can be considered a dependent:. In order for the supplement to be paid by government agencies, you must submit a package of documents for payments for dependents to the pensioner.
Rasima Rafaelovna, Arkhangelsk, 10/28/2017
I'm on vacation from July 15 to September 7. But suddenly, on August 1, they offered to sign a notice of layoffs, which also stated that the hospital had the opportunity to offer me a vacant position as an occupational safety engineer.
Each family is individual. If one of the parents is absent and this is a hospital, then it is possible to receive a pension for the period of full-time education. This is only for the period of study. Persons under the age of eighteen, disabled people of groups I, II, III, men over 60 years old, women over 55 years old, are recognized as disabled. The concept of “disabled family members” is given in Art. 9 Federal Law dated December 17.
Legal status of a dependent
The legislation of the Russian Federation does not provide a direct concept of who is considered a dependent. But after analyzing the laws and judicial practice, we can conclude that a dependent is a disabled family member who temporarily has no independent earnings or income, the maintenance of which is carried out by the breadwinner (close relatives or other persons interested in this).
In the event of the loss of his/her breadwinner, the dependent is assigned a social benefit (pension). The total amount and size of such a pension is calculated according to a special formula enshrined in pension legislation. The lawyers of our portal will help you deal with all issues related to dependency.
How is additional payment made to retired parents for full-time students in 2021?
There are also age restrictions for receiving a pension supplement for a full-time student. In particular, this state aid is paid only if the full-time student’s age does not exceed 23 years. It should be noted that parents have the right to receive a pension supplement even during the period when their child is on academic leave. However, there are also exceptions here. In particular, the bonus is not paid if the student’s vacation is related to military service in the ranks of the RF Armed Forces.
In addition, the document also contains information about the student - the last name, first name and patronymic are indicated in full, without any abbreviations. Naturally, the full name of the educational institution must be indicated. The certificate is certified by the signature of the head of the educational institution (with mandatory decoding), seal and corner stamp.
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When is a full-time student's dependent status revoked?
However, this type of state assistance applies to no more than three full-time dependent students who have not yet turned 23 years old. In other words, if there are, for example, 4 students in a family, and all of them are studying full-time, then the amount of the supplement will still be 4,805.1 rubles.
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For children under 18 years of age, an increased fixed payment to the insurance pension for parents is established regardless of the fact of study, since the dependency of children under 18 years of age is assumed and does not require confirmation - the increased pension is paid on the basis of the child’s birth certificate.
Is a Full-Time Student a Dependent If Working?
Citizens of retirement age who support disabled or minor persons have the right to receive dependent payments to a pensioner. Each such person, according to Russian laws, is entitled to a certain amount of a certain amount or so-called social support. These payments are made in the form of an increased insurance portion, which is included in the pension payment when calculated every month.
If they are recognized as such;
- people with previously established benefits. This applies to receiving benefits and assistance under the terms of a lifelong maintenance agreement;
- minor children, sisters, brothers and grandchildren;
- elderly people before and after 80 years of age;
- people who have reached retirement age.
Is a full-time university student a dependent?
Article 14.8 of the Code of the Russian Federation on Administrative Offences. Violation of other consumer rights 1. Violation of the consumer’s right to receive necessary and reliable information about the product (work, service) being sold, about the manufacturer, about the seller, about the performer and about the mode of their work - entails a warning or the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles, for legal entities - from five thousand to ten thousand rubles. 2. The inclusion in a contract of conditions that infringe upon the rights of the consumer established by law shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand rubles, on legal entities in the amount of ten thousand to twenty thousand rubles. 3. Failure to provide the consumer with benefits and advantages established by law - entails the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles, on legal entities - from five thousand to ten thousand rubles.
1. If the image of the emblems must be made in accordance with the legislation of the Russian Federation when exercising the right to use property (performing work or providing services) or a work seized within the period established by paragraph 1 of this article, committed as a result of the use of a work of science, literature and art , including cash and securities, must ensure safety and security for others, is obliged to report this to the court, another type or other justified performance of duties provided for in Article 72 of this Code.
Please explain who dependents are
The need of a family member of the breadwinner to receive help from him is not sufficient evidence that he is dependent (with the exception of children), since what matters is the very fact that the breadwinner provides constant assistance to the dependent, whether the breadwinner, taking into account his state of health and his own needs, has the ability to provide assistance, which would be permanent and would act as the main source of livelihood of another person.
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Tax deduction for a child of a full-time student
- The student stopped studying . In this case, no further deduction will be accrued.
- Due to the closure of the educational institution, students were transferred to another university while maintaining their full-time education. Here the right to the benefit is preserved, because the conditions for its provision are met.
- All former students were enrolled in another university , but in the evening department. In this case, the child’s parents cannot continue to accrue the deduction.
Deduction amount
If the grounds for the benefit have not changed, the application is submitted once. The certificate is periodically updated as the training period indicated on it ends. More detailed information is presented in the letter of the Ministry of Finance dated 05/08/2018 No. 03-04-05/30997.
Recommendation. It is advisable to prepare an application for receiving payments to pensioners - parents of student children in 2 copies, one of which must be signed for receipt by Pension Fund employees. It is also better to receive a decision from the Pension Fund in writing, especially when a negative decision is made on it with justification for the refusal.
If a pensioner received an additional payment for a dependent earlier (before the child turned 18 years old), then the period for receiving the additional payment can be extended by the citizen by submitting to the local branch of the pension fund an agreement with an educational institution confirming that the child is undergoing full-time education.
What should pensioner parents do to receive an increased insurance pension for their student child?
In addition, an increase in the retirement age of Russian citizens contributes to an increase in the size of pension payments for pensioners who are currently not working. This will become possible thanks to indexation, which will outpace the rate of inflation processes. According to the new law, in 2021 the size of insurance pensions for non-working pensioners will increase by 7.05%, which is at least twice as high as the expected inflation at the end of the year.
10 Oct 2021 uristlaw 364
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Who is considered a dependent by law in Russia, are they children and parents according to the Civil Code?
In the Civil Code of the Russian Federation, dependents are mentioned in several articles. Much attention is paid to the possibilities of needy persons to inherit property after the death of the breadwinner. In Art. 1148 establishes that persons who are dependent on the testator for at least a year have the right to receive a share in the inheritance. The following article describes that dependents are entitled to a mandatory share of the inheritance, regardless of the contents of the will.
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This article also defines a dependent person. According to the law, this is a relative who cannot work and receives constant financial support from a working person. The assistance of an able-bodied citizen should be the main source of material support for the dependent.
Is the pensioner a dependent?
When defining the concept of “dependent” in our country, it is customary to be guided by paragraph 2 of Art. 9 Federal Law dated December 17, 2021 N 173-FZ “On labor pensions in the Russian Federation.” It is in this bill that the list of disabled family members is drawn up.
It is more difficult with the brother (son of the deceased), since if he wants to claim the obligatory share, he will have to prove his incapacity for work (in court). Probably, given his working age and other circumstances, it will be more difficult for him to do this. 1. Citizens who are classified as heirs according to the law specified in Articles 1143 - 1145 of this Code, who are disabled on the day of the opening of the inheritance, but who are not included in the circle of heirs of the line that is called for inheritance, inherit by law together and on an equal basis with the heirs of this line, if at least a year before the death of the testator they were his dependents, regardless of whether they lived together with the testator or not.
Is a non-natural child a dependent?
The authorities also adopted the tax on parasitism in order to restore social justice - to force those who do not officially work anywhere, but receive a rather large salary in envelopes, to participate in the “financing of government expenditures”, so that they also pay for road repairs and the operation of clinics. As a result, tax officials counted 470 thousand parasites in the country - this is almost every tenth able-bodied Belarusian.
Yes, of course, dictatorship presupposes violence, orders, strict authoritarianism, and guardianship presupposes care, protection from difficulties, and affectionate participation. However, the result is largely the same: children lack independence, initiative, they are one way or another removed from solving issues that concern them, especially general family problems.