The loss of the most dear in a person’s life is always an irreplaceable grief. The case of the loss of the bread-winner by the definition of the current legislation is the fact of the death of one or both parents, or their recognition as missing. In such a case, the remaining relatives ask themselves: "What are the benefits for children on loss of a breadwinner?" Our country has built a powerful system for protecting the rights of such minors, which includes a number of federal and regional benefits and payments. This article discusses what benefits children receive when they lose their breadwinner.
An orphan and a child left without care
So, minor children are recognized as orphans in the event of the death of the father and mother or single parent. The category of those left without care includes those children who, during the lifetime of their parents or legal representatives, lost their care.
A similar case can occur due to various circumstances:
- depriving parents of their rights, as well as limiting their parental rights for a period of six months by a court decision;
- full or partial incapacity;
- stay in places of deprivation of liberty;
- being under investigation;
- recognition as missing.
At the same time, a court decision on the deprivation or restriction of rights does not relieve the parent of responsibility for the maintenance of children. They are obliged to pay child support until the child reaches the age of majority, despite other benefits to children for the loss of the breadwinner.
What categories of minors receive state aid?
Social assistance from the state is prescribed:
- minor children, including adopted children, as well as siblings and grandchildren until they reach the age of 18, if they were dependent on the deceased;
- the same persons before the age of 23 in the event that they study in secondary specialized or higher educational institutions through subsidies of budget financing, including abroad;
- persons under the age of majority with a disability, if it is established before coming of age.
Regulatory Support
The provision of payments and benefits to children in the event of the loss of a breadwinner is regulated by applicable law. First of all, the right to social security for various categories of citizens is enshrined in Art. 39 of the Constitution of the Russian Federation. In addition, there are a number of federal laws that regulate statutory payments, as well as categories of socially unprotected citizens living in our country:
- dated July 17, 1999 No. 178-ФЗ On State Social Assistance;
- dated December 18, 2013 No. 400-ФЗ On Insurance Pensions;
- dated December 15, 2001 No. 166-ФЗ “On state pension provision in the Russian Federation”.
Types of Social Support
For children who have lost the breadwinner, there are the following types of cash assistance:
- insurance pension - compulsory payment;
- social pension - in the presence of appropriate conditions;
- additional payments and benefits - in certain cases.
Appointment of a survivor's pension
First of all, a child is granted a pension. For this purpose, the remaining relatives or legal representatives of the child should contact the district office of the Pension Fund at the place of permanent residence or the multifunctional center “My Documents”.
The amount of the pension depends on the abundance of the deceased parent or guardian. In this case, the date of applying for the appointment of a pension does not play a role, but if the documents were submitted a long time after death, then the pension is paid for the last year.Pension indexation is established, like other pensioners, in accordance with inflation.
How to get a pension
In modern conditions, several options for obtaining a pension are possible:
- at the post office;
- crediting to a bank account - to a savings book or to a bank card.
In the event that a pension is received through a current account, some points must be taken into account:
- if the account is opened in the name of a minor child, then the expenditure of funds must be agreed with the territorial guardianship and trusteeship service;
- upon reaching 14 years, the child himself has the right to determine the method of delivery of the pension, and until that moment the second parent or his legal representative must act in the interests of the minor child.
Now we will consider, in addition to the pension, whether children have benefits for the loss of a breadwinner.
Social benefits in case of loss of one breadwinner
The state guarantees the following preferential measures:
- for young children - free baby food in the so-called "milk kitchen";
- free travel in any city transport, with the exception of taxis;
- the allocation of textbooks and teaching aids;
- free medical care and discounts on the purchase of medicines and drugs;
- meals at school twice a day (this is more dependent on the regions, most often it is necessary to confirm that the child lives in a low-income family);
- free access to cultural events, museums, exhibitions, cinemas, etc .;
- the family of the child who has lost the breadwinner is granted a discount in the form of discounts on utility bills.
Social benefits in the event of a complete loss of breadwinners
When recognizing a child as an orphan, they are entitled to:
- privileges for admission to higher and secondary special educational institutions: in the latter, orphans study for free, and enter universities on the basis of a competition for specially reserved budget places;
- the possibility of obtaining housing if the parents or guardians during life were not able to provide the child with their own housing;
- rehabilitation in medical institutions, provision of compensation for paying for travel to them, which is usually carried out through the territorial social security institution;
- monthly premium to the insurance pension in the form of social benefits for survivors.
Benefits for admission to college
You can find out what benefits the child is entitled to from the loss of the breadwinner upon admission to higher education from the current legislation in the field of education. In the past few years, higher education institutions have established quotas for budget places in various specialties for preferential categories of applicants, which include people who have lost a single breadwinner. Applicants from among persons with orphan status can use the following types of benefits:
- free admission to preparatory courses;
- the possibility of enrollment in an educational institution in priority order.
Student Benefits
All existing benefits for children on loss of a breadwinner, recorded in the current federal legislation, are received by students under the age of 23 years if they study on a full-time basis at the expense of subsidies from budget funding. If the student is studying on a paid basis or in the correspondence department, then he loses all the social benefits that are due to children on the fact of the loss of the bread-winner.
Nonresident students an educational organization must provide a place in the hostel. Throughout the entire period of study, the student lives on full state support, he is compensated for the cost of travel in public transport, the purchase of clothing, training materials, bed linen.
Income tax benefits
The legal representatives of the child who has lost the breadwinner may be eligible for benefits when paying income tax. The amount of preferential tax deduction for raising one or two children is 1,400 rubles, and if the family has 3 children, then it rises to 3,000 rubles. If a disabled child lives in the family, then the monthly benefit is 2,000 rubles.
The procedure for obtaining benefits
To establish a pension, you must visit the district department of the Pension Fund at the place of permanent residence or the multifunctional center “My Documents”.
When handling, you must have with you:
- copy of death certificate of parent or guardian;
- copy of birth certificate;
- a copy of the passport of the legal representative of the child;
- a copy of the work book of the deceased;
- information about the salary of a deceased family member over the past 5 years.
To obtain other benefits, as a rule, you must contact the social service institution at the place of residence. The package of documents that must be provided will be identical to the above.
Regional legislation
Let's look at what social benefits for survivors are established in the regions. In addition to the benefits established by federal legislation for children on the fact of the loss of a breadwinner, in each region there is legislation regulating activities in this direction. The number and size of regional benefits for children on loss of a breadwinner depends on the size of the living wage in a particular subject of the Russian Federation.
As a rule, the established benefits relate to travel in public transport, providing free meals for schoolchildren and young children, and providing free textbooks.
Thus, we found out what benefits the child has on the loss of a breadwinner. The children from the state are guaranteed a set of payments and benefits to ensure compensation for their maintenance, which was previously provided by the breadwinner.