Currently, the word "dependent" when used in everyday life has an abusive meaning. Presumably this is due to the fact that it has quite ancient roots, but its legal use is fixed relatively recently.
The origin of the word "dependent"
We will examine in more detail where this word came from. The very concept of a dependent is derived from the word “dependency”, which has Old Slavonic roots. The derivative word is also the Slavic verb “dependency”, the translation of which means “live”. If you pay attention to explanatory dictionaries, you can understand that a dependent is a person who is dependent. And dependency itself is interpreted as a desire or a need to live at the expense of others. In colloquial use, the dependent has the synonym "parasite". Over time, the word began to acquire a negative meaning, so its use in speech began to be minimized.
However, the word “dependent” has taken root in the field of jurisprudence, but in no case does it have a negative connotation, but only determines whether a person belongs to a certain category of citizens. In what cases is a dependent pension assigned? About it further.
The legal concept of the word “dependent”
Unfortunately, the legislation of the Russian Federation does not clearly define the concept of such a category of citizens as dependents. In this regard, very often people try to find information about who should nevertheless be considered a dependent. Despite the fact that the law does not give a clear interpretation of this concept, it is still possible to analyze the law (including the Constitution) and judicial precedents, and give a clear definition for this category of citizens. So, let's try to conduct a similar analysis and find out more information about them.
First of all, it should be mentioned that, as a rule, dependents are those people who are members of the family and, due to certain circumstances, are unable to work and cannot support themselves financially.
The concept of a dependent in the Russian Federation
First of all, one should turn to the results of judicial practice in Russia. Based on all judicial precedents, it seems possible to conclude that the circle of the following persons can be attributed to the category of dependents:
- Minor children. They are fully supported by their parents (trustees or other legal representatives). Moreover, the financial maintenance of children is absolute.
- Siblings who are also under the age of 18.
- Grandchildren of the same age category.
- All of the above citizens (children, grandchildren, brothers and sisters), if they have already reached the age of majority, but still undergo full-time study at an educational institution. It should be noted that these persons will have the status of a dependent exactly until they graduate. It is among this category of citizens that there are situations when a dependent works, but does not fully support himself.
- People with a disability that does not allow them to work fully.
- This category of citizens is pensioners. These include both men and women who have already reached their retirement age (they promise that starting from 2018, the retirement age for people of both sexes will be set at 63).
- In general, dependents are absolutely all categories of citizens with whom a contract of lifelong maintenance (annuity) is concluded.
Allowance
In the event that there is a loss of the breadwinner, that is, the person on whose support the dependent was, then a special type of allowance is assigned to him.Its size is established by the court and calculated on the basis of special formulas enshrined in the pension legislation of the Russian Federation.
What is a social dependent? This category includes unscrupulous people who, in fact, are quite able-bodied, but who do not work and receive benefits from the state for no reason. These include just the unemployed, socially disordered and dysfunctional people, parasites. In this case, it is advisable to reduce unjustified subsidies so that a person returns to normal life.
Pension
All categories of retirees can receive pension dependent benefits:
- regular insurance retirement or disability pension;
- to social security;
- to military pensions.
Even if a pensioner continues to work, he can still receive a premium. But the fact of dependency must be documented. On average, the increase will be about 1,600 rubles per person in need. And if a pensioner is disabled, group 1 and older than 80 years, then the premium will be already about 2400 rubles.
Two categories of dependents
After our analysis, we can now draw up a concrete and complete definition for this category of citizens. So, dependents are disabled people, most often being disabled, or minors.
Thus, they can be conditionally divided into two categories: disabled people who are dependent on their age, or people who are dependent on their health.
It is important to note that people who simply do not have work at a certain moment cannot be classified as dependents. But a student dependent is a common category.
The Civil Code provides a procedure for establishing the fact of a person's dependency. It is from him and the status of a dependent that all operations related to the right of a citizen depend. The procedure for establishing the fact of dependency is enshrined in article No. 264 of the Civil Code of the Russian Federation.
Establishment of the fact of dependency
The fact that the state of a dependent is not required for registration with state bodies, in fact, gives rise to the mandatory need to establish the status of a dependent.
As a rule, we can assume that establishing the fact of dependency, as well as determining the range of privileges for a dependent citizen, is in the jurisdiction of the district court at the place of residence. It is important to note that the district administration can also confirm the fact of dependency. But practice shows that in most cases such bodies do not have enough information, and therefore they turn to the district court.
In addition to establishing the fact of dependency itself, article 267 of the Code of Civil Procedure regulates the establishment of the reason why a citizen claims to be a “dependent”. Article No. 267 of the Civil Code of the Russian Federation is of particular importance due to the fact that the various purposes for which a citizen claims this status are characterized by a number of features.
There are three main goals that a citizen can pursue when establishing the fact of dependency. In connection with them, it is often necessary to resort to the help of specialized bodies to establish it. These goals include:
- Receipt of an inheritance.
- Establishment of the size of a special allowance in connection with the loss of a breadwinner.
- Compensation for material damage in connection with the loss of a breadwinner.
However, there are other possible reasons why establishing the status of a dependent is necessary. Nevertheless, the above goals are the most common in our country, as evidenced by judicial practice.
Dependent recognition for inheritance rights
In accordance with the Civil Code in force on the territory of the Russian Federation, the examination procedure for the existence of a dependency is mandatory in the following cases of hereditary legal relations:
- Establishment of the fact of dependency in the event that a citizen refers to the heirs under the law. In accordance with Article No. 1147 of the Civil Code of the Russian Federation, the assignment of the status of a dependent to a citizen who has the right to inherit is determined by the following circumstances:
- The dependent of the testator must be disabled at the time of the death of the breadwinner.
- The dependent must be incapable of work and must be in the care of the heir for at least a year before the death of the breadwinner. Important is the fact that the kinship between the breadwinner and the citizen with the status of a dependent does not have absolutely any value.
- Establishment of the fact of dependency in the event that a citizen does not belong to the circle of heirs. Then the legislation provides for a separate rule, according to which the appearance of such circumstances in a citizen having the status of a dependent, such as:
- The disability of a citizen must be established directly by the day the will is announced.
- The fact of dependency must exist for at least a year before the death of inheritance.
- The fact of cohabitation of a breadwinner and a citizen with the status of “non-working dependent” should be established.
Conclusion
However, when establishing the status of a dependent, the legislation does not provide for the determination of the established period during which a citizen with disability will be dependent on his breadwinner. Consider this issue in more detail.
In such cases, judicial practice varies considerably depending on the region of the Russian Federation. That is why it is not possible to provide accurate information about the time frame for finding a disabled citizen dependent.